By Andy Sevilla
A 20-year-old Kyle man accused of robbing a San Marcos smoke shop and shooting a store clerk in September is back in jail after a Hays County Grand Jury returned an indictment on the case.
Steven Carlos Hernandez was handed down an indictment Jan. 6 for the September aggravated robbery charge, a first-degree felony that carries a sentence of up to life in prison if found guilty.
San Marcos police allege Hernandez went into the Gotta Habit Smoke Shop at 700 N. LBJ Drive, across the street from the Texas State University campus, brandishing a pistol in an attempt to rob the store.
According to police, when Hernandez entered the shop with the pistol, an employee at the store confronted the suspect and lunged at him. It was during that struggle that the employee, Patrick William Reilly, 25, was shot in the chest, police said.
Security footage from the scene released to media by police in an attempt to identify and locate the suspect showed the struggle described by authorities, a man left shot by the entrance door, and a suspect fleeing the scene.
Police said Hernandez fled the scene on foot and was last seen running toward the Treehouse Apartment on N. LBJ Drive. A multi-agency and K-9 search of the area was unsuccessful in turning up a suspect.
After police released the minute-long surveillance video, a description of the suspect and a picture of the shirt the suspect was allegedly wearing that evening and left behind at the scene, authorities were able to identify and locate Hernandez.
After obtaining an arrest warrant Sept. 25, the San Marcos/Hays County SWAT team arrested Hernandez without incident in the 2300 block of Clovis Barker Road in San Marcos, according to police.
Hernandez remained in jail until Dec. 18 when he was released on a personal recognizance bond due to having been in jail for over 90 days without having been indicted, according to a statement by newly sworn in Hays County District Attorney Wes Mau.
After the Jan. 6 indictment, 428th District Court Judge Bill Henry reinstated Hernandez’s pervious $75,000 bond two days later and the suspect was arrested the same day.
As of Friday, Hernandez still remained in Hays County custody.
Before his September aggravated robbery arrest, Hernandez, who then had a San Marcos address, had only been arrested once before in Hays County, criminal records show. Hernandez was arrested in 2012 for possession of marijuana, a Class B misdemeanor. He pleaded guilty on that charge and received one-year probation, plus 24 hours of community service, records show.
