KANSAS CITY, Mo. — Five days after authorities say she caused a fatal crash while driving drunk on Interstate 44, Emily Hernandez pleaded guilty in federal court Monday in connection with the U.S. Capitol riot.
Hernandez, 22, of Sullivan, Missouri — seen during the insurrection last year carrying a wooden name plate torn from House Speaker Nancy Pelosi's office — pleaded guilty to one count of entering and remaining in a restricted building or grounds, a misdemeanor. The plea hearing was held via video conference in U.S. District Court for the District of Columbia.
Hernandez is scheduled to be sentenced March 21. She faces a maximum penalty of one year in jail and a $100,000 fine and must pay $500 in restitution for damage to the Capitol building, which prosecutors say totaled about $1.5 million.
U.S. District Judge James E. Boasberg told Hernandez she was pleading guilty to breaching the Capitol then going into Pelosi's suite and taking a piece of the broken sign bearing the speaker's name. Then, he said, Hernandez entered the rotunda and took a "Do Not Touch" sign from the foot of a statue. She also was carrying a red "Keep off Fence" sign from the Capitol grounds, the judge said.
"Is that all correct?" Boasberg asked Hernandez.
"Yes, your honor," she said.
Hernandez was the first Missouri resident to be charged in connection with the Capitol riot.
Last Wednesday, Missouri authorities said she was driving the wrong way on I-44 in Franklin County just after 7 p.m. when she crashed into an SUV, killing the passenger, Victoria N. Wilson, 32, of St. Clair, and seriously injuring her husband, Ryan E. Wilson, 36, who was driving.
Hernandez was placed under arrest for driving while intoxicated, resulting in the death of another person and driving while intoxicated, causing serious physical injury of another person, a Missouri Highway Patrol spokesman said.
Her attorney, Ethan Corlija, told The Star on Sunday night that charges have not yet been filed. The Highway Patrol said that investigators would present the case to the prosecuting attorney once toxicology reports were completed.
At Monday's plea hearing, federal prosecutor Jessica Arco told the judge that the crash was "extremely concerning and devastating for all involved."
"Miss Hernandez's behavior, if the allegations are true, indicate that, to the government, she could pose a threat to the public and to herself, quite frankly, if immediate action is not taken," Arco said.
Boasberg approved the government's proposed new restrictions on Hernandez. She now is prohibited from driving, drinking alcohol and possessing firearms and must undergo mental health evaluation and treatment as well as alcohol and drug testing and treatment. She also must surrender her passport.
Hernandez was arrested nine days after the Capitol invasion. Photos of her and her uncle, William Merry Jr., holding up Pelosi's sign were widely distributed after the riot.
Merry was charged Feb. 4 along with Paul S. Westover, of Lake St. Louis. The three allegedly breached the Capitol together. Merry pleaded guilty in federal court last week to theft of government property, a misdemeanor. Westover pleaded guilty last month to a misdemeanor count of parading, demonstrating or picketing in a Capitol building.
Hernandez was initially charged with knowingly entering or remaining in any restricted building or grounds; disorderly conduct which impedes the conduct of government business; stealing, selling, conveying or disposing of U.S. property; disruptive conduct in the capitol buildings; and parading, demonstrating, or picketing in the capitol buildings.
On Dec. 29, prosecutors filed a new document charging Hernandez with a single misdemeanor count of entering and remaining in a restricted building or grounds.
