Ex-worker pleads not guilty in slaying

PROVO — A Mexican national accused of shooting his boss at close range during a wage dispute told a judge Tuesday that he is innocent.

In a Provo courtroom, Jesus Hernandez, 32, pleaded not guilty to first-degree felony murder, second-degree felony obstruction of justice and third-degree felony possession of a dangerous weapon.

Fourth District Court Judge Steven Hansen scheduled a five-day trial from Aug. 27 to Sept. 3.

Dana Facemyer, a defense attorney plotting a legal strategy for Hernandez, said one of the important issues he would address with the court before the trial is whether Hernandez was fairly charged with obstruction of justice.

Facemyer questions the charge because Hernandez reportedly led police to a weapon that police say was used in the slaying.

"In this case, Mr. Hernandez voluntarily relinquished information where the weapon was," Facemyer said.

Facemyer also wants to make sure Hernandez was appropriately advised of his rights before he agreed to make any statements to police the day of the slaying.

Hernandez, who does not speak English as his primary language, should have been told his rights in Spanish, Facemyer said.

A homebuilding superintendent testified at a June 11 court hearing that he was at a Lehi construction site Jan. 9 when Hernandez pulled out a gun, pointed it at Joseph Crummy and pulled the trigger.

Nathan Leavitt, the superintendent, said Hernandez, who is an undocumented worker, was speaking to him about a tiff with Crummy about paychecks when Crummy arrived at the site.

Hernandez and Crummy started arguing about the issue. Leavitt said Hernandez went back to his car. And that's when he heard a sound like "firecrackers" — but when he turned to find out the cause of the noise, he saw Hernandez with the gun.

Both Hernandez and and his father, Julian Hernandez, filed claims with the Utah State Labor Commission Dec. 20 against Crummy, a contractor who ran Prestige Exteriors. Jesus Hernandez said Crummy owed him $1,345 for nearly three weeks of work. His father claimed $1,900, including $1,191 for a bounced paycheck.

Facemyer declined to comment Tuesday whether a plea bargain is in the works with the Utah County Attorney's Office.

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E-mail: shelps@desnews.com