cover of episode EP. 129 TEXAS - The Dallas Hospital Shooting

EP. 129 TEXAS - The Dallas Hospital Shooting

2023/10/13
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Warning. The following podcast is not suitable for all audiences. We go into great detail with every case that we cover and do our best to bring viewers even deeper into the stories by utilizing disturbing audio and sound effects. Trigger warnings from the stories we cover may include violence, rape, murder, and offenses against children. This podcast is not for everyone. You have been warned.

Giving birth is one of the most beautiful things that people get to experience during their short time on Earth. It's one of the most magical things on the planet, an act that brings a whole new life into our world.

For a lot of people, going into labor is frightening, but it's also exciting, and it symbolizes the end of a long journey and the beginning of an even longer one. Usually right after a woman gives birth, she's surrounded by her friends, family, and obviously her romantic partner.

She's encompassed by love, light, and joy. It really is a celebratory moment where she can commemorate the end of her pregnancy and take the first look at her baby. It's hard to imagine being upset at your wife after she went through her birthing process, but sadly, that occasionally does happen. Sometimes, a man just isn't excited for the baby that's being born.

Maybe he isn't ready for the commitment of being a father. Or he thinks that his wife has been cheating on him and that the baby isn't his. There's also the sad reality that babies are born every day that were conceived out of acts of rape and incest. And I can't even imagine how traumatizing that could be.

But in our story for today, we focus on a father that not only showed up to the hospital to meet his newborn baby drunk, but he also came with a loaded handgun as well. So this is the story of the Methodist Dallas Hospital shooting. I'm Courtney Browen. And I'm Colin Browen. And you're listening to Murder in America. ♪♪

It's Saturday, October 22nd, 2022, in Dallas, Texas. It was a pretty beautiful day that day. Temperatures were in the mid-80s, the sun was shining, and most folks were just beginning their weekend. But for a woman named Selena Villatoro, her rest that morning was well-deserved. The night before, she had given birth to a baby boy, and she was excited about being a mother. After giving birth, you're usually heavily medicated, in a state of pain, and you're obviously a little exhausted and overwhelmed.

So in the days afterwards, you're bedlocked. But that morning would take a sudden and dark turn for Selena when her boyfriend, 30-year-old Nestor Hernandez, arrived at the Methodist Dallas Medical Center at 10:21 a.m. Upon entering the hospital, Nestor walked to the mother-baby unit located on the fourth floor where his girlfriend, Selena, was recovering with their newborn son. But despite this being what would normally be the happiest of occasions, Nestor showed up to the hospital late that day and highly intoxicated.

In fact, security camera footage shows Nestor checking into the hospital and grabbing a face mask, all while holding a tall boy beer in his hand. After checking in, Nestor walked down the hallway of the maternity ward and barged into room 4006, where Selena was laying in the hospital bed, holding their infant son.

And immediately, Selena could tell that Nestor was in a terrible mood that morning. Selena would later say, I seen he was mad, you know, because he had a beer in his hand. Like, who would come into the hospital with a beer? This was a red flag immediately in Selena's mind. And she knew that Nestor was prone to losing his temper when drunk.

When Nestor got any amount of alcohol in him, he seemed to change into an angry, violent man. After exchanging a few coarse words with Selena, Nestor then pulled out his cell phone and made a few loud, alarming calls in front of his girlfriend. And as Selena listened to what Nestor was telling his relatives, she grew concerned. These weren't phone calls letting his family know that he was a proud new father, calls to let them know that their baby had been born healthy. No, these were calls to tell his relatives goodbye.

As Selena sat and listened to Nestor speak his final piece with his family, she grew more and more concerned. What was he about to do? What the hell was going on? But it was as soon as he hung up the phone and began to accuse her of being unfaithful that she figured it out. You got me messed up. I'm not dumb, Nestor yelled at her. I told you to stop playing with me. Now, it's not exactly known why Nestor was so convinced that Selena had been cheating on him, but nonetheless...

He was completely persuaded that she had been unfaithful. Frightened by his violent outburst and vicious words, Selena, still sitting in the hospital bed, gripped her newborn tightly against her chest. This was when Nestor approached the bedside and told her, "We are both going to die today, and whoever comes in this room is going to die with us." After telling her this, Nestor then threatened to kill Selena right there in the hospital bed.

And he also stated that he would kill anybody else that came into the room. Now, by this point, hospital staff in the hallway began to hear some of the loud shouts echoing from their room. And they decided that they had to do something, but they didn't know what to do just yet.

As the two continued to argue inside of the room, Nestor began to get physical and he even attempted to grab the baby out of Selena's arms. And he was like trying to get the baby from me, like trying to get my baby and stuff. He's like, man, give me the baby and stuff. I was like, no. And they were like, no. He was trying to get them from me. At the time, Selena was completely shocked by Nestor's actions.

Because earlier that morning, the two had exchanged text messages that were pleasant. Nestor woke up at around 7:00 AM that day and he immediately texted Selena asking her how their son was doing.

He seemed concerned about her health. He was also excited about the birth of their son and he was eager to get to the hospital to visit his new family. At around the same time, he also texted Selena that he was about to head to the hospital, but unfortunately he didn't arrive until over three hours later at 10:21 a.m. It's assumed that in between the hours of seven and 10:00 a.m.,

For unknown reasons, Nestor began to drink, and he managed to get pretty drunk before he ever stepped foot in the hospital. And shockingly, like we said before, Nestor actually showed up to the hospital that morning with an open beer can in his hand. I was mad, you know, because he had a beer in his hand. Like, how would you come in the hospital with a beer?

Immediately upon seeing that Nestor was drunk and holding a beer when he walked into the hospital room, Selena was understandably concerned. It was well known that Nestor was a violent and angry drunk, and in the past he had physically abused her while in this same state of intoxication. Selena also knew that when Nestor drank alcohol he became belligerent,

and he often showed extreme signs of jealousy. - He's like, "Nah, you got me messed up. Who's been in here? Like, I'm not done." He's like, "I told you to stop playing with me." He's like, "Nah, we're gonna die today." - Nestor's violence had escalated that morning when he verbally threatened to kill Selena and also threatened to kill anyone who walked into the room.

After making these threats, Nestor then began searching the room for any signs of another man, rummaging through drawers and looking under the bed. And finally, after finding nothing, he then pulled out a handgun that had been hidden in the waistband of his pants. Frightened, Selena attempted to shield her baby, but in doing so, she made herself an even more vulnerable target. Nestor then approached Selena's bedside and started violently hitting her on the side of the head with a pistol. He was like, "Press the button, press the button."

I was like, no, you're tripping. And I had the baby. I had my baby right here. And he hit me on this side. I thought he was going to hit me. He just kept hitting me.

Now, it was really at this point when Nestor pulled out his cell phone and began making those ominous phone calls to his relatives to tell them goodbye that we talked about before. And it was at this time when 45-year-old hospital caseworker Jacqueline Pakua entered room 4006 with a stack of papers to provide routine services for Selina. Jacqueline had been born and raised in the African country of Ghana, and as an adult, she had come to the United States to get an education.

Jacqueline knew how tough it can be in the world and had decided to take her life in her own hands as an adult. And as a result of all of her hard work, in 2019, she earned her Master's of Social Work degree from UT Arlington. Jacqueline was known as an empathetic hard worker who always saw the good in people regardless of their situations in life. She was also a devoted single mother of a 12-year-old son named Nigel.

Unfortunately, as she made her rounds on the labor delivery floor at the Methodist Dallas Medical Center, Jacqueline had no idea the type of situation she was about to walk into. It seemed that Nestor Hernandez had woken up that morning in chosen violence and was ready to snap at any second.

and the entrance of Jacqueline had been the final straw. Jacqueline was barely given any time to think or react that morning, and only a few moments or so after walking into room 4006, Nestor raised his pistol, approached Jacqueline, and shot her, firing a single round that would kill her almost immediately. Yeah, she had the papers in.

He got up and he just went like around. He just shot her and I was like trying to make eyes with her like, like, I don't know. I just like kept looking at her like trying to, you know, trying to like, I don't know. I don't even know what I was trying to do. And then he shot her and that's when all that just happened.

A few doors down from Selena's hospital room, Methodist Medical System Sergeant Robert Rangel was investigating a stolen property call when he heard a gunshot echo from a nearby room. In a bizarre twist of fate, this stolen property call had actually placed Sergeant Rangel only a few doors away from an active shooter that morning.

and his proximity to the shooting would allow him to take an immediate response and eventually save lives. After hearing the gunshot, Sergeant Rangel immediately ran down the hallway towards room 4006 with 63-year-old nurse Katie Annette Flowers. Annette, as she went by, had been a registered nurse in Texas for 40 years.

and had worked at that very hospital for decades. It was Annette's life goal to help new mothers adjust to the massive and sudden changes in their lives. And there was nothing that she enjoyed more than taking care of newborn babies and their moms.

Known as a strong woman by all who knew her, Annette had raised four children of her own, and now she spent her time taking care of her grandbabies and looking forward to her eventual retirement, which at the time was rapidly approaching.

She was also known amongst her colleagues for her love of soda, specifically Dr. Pepper. One of Annette's coworkers named Olivia told the local news station after the shooting, quote, "For lunch, she would have a Dr. Pepper. She'd go down to the cafeteria and she'd get with her lunch. She'd get a Dr. Pepper just about every day," end quote.

Unfortunately, on that very morning, Annette would find herself at the wrong place at the wrong time, and she would pay the price with her life. In the following audio clip, which was pulled from Sergeant Rangel's body cam, you will hear the gunshot that took the caseworker Jacqueline Pacua's life, followed by two more gunshots from Nestor's weapon. What happened? Watch out, watch out.

One to ten, distress. Got emergency traffic. Little Tinter, a man with a gun up here, four shingles. DPD, I need them out here quick.

After shooting Jacqueline, as you heard in that footage, Nestor fired off two more shots from within room 4006. The first bullet was intended for Sergeant Rangel as he sat outside of the doorway, but this shot was missed. However, the third shot hit Nurse Annette Flowers, who had tried to poke her head around the door to see exactly what was going on inside the room.

Immediately after being hit, Annette ran down the hallway to get help before she collapsed on the floor from her injury. Thinking quickly, Sergeant Rangel took cover in the hallway and called for backup. He had never dealt with a situation quite like this one before, but he knew he had to take action fast if he wanted to stop the bloodshed.

And remember, throughout all of this, Selena was still in the room with Nestor, holding her child and praying that her boyfriend wouldn't kill her and the baby. Selena was completely helpless.

And all she could do was watch in horror as the father of her newborn child seemingly lost all control. He went in his back pocket and he got like a little box of like bullets, you know, and he started like reloading or whatever and um

After murdering Jacqueline and Annette, Nestor reloaded his gun and attempted to leave Selena's hospital room.

It seemed that on that day, he wanted to go out with a bang, and if his actions and reloading the pistol tell us anything at all, it seemed like Nestor wanted to take more innocent people to the grave. But thinking quickly and seeing an opportunity, the moment that Sergeant Rangel got a visual on Nestor, he fired off a shot from his service weapon, which hit Nestor in the leg.

Now wounded, Nestor retreated back into Selena's room. And a standoff between he and Sergeant Rangel ensued. Trying to calm the suspect down and save lives, Sergeant Rangel began to yell out and slowly tried to convince Nestor to surrender. Okay, I'm Robert. What's your name, partner? What's your name? Talk to me. Okay. Okay, listen. We can work this out, partner, okay? Okay.

All I want to do is just get the people outside, please. Partner, we can work this out, man. Trust me. I've got no idea, bro. I don't even know who you are. At this point, responding officers arrived at the scene and Sergeant Rangel described their suspect to them. All I know is it's a female. I believe in a baby inside. A female shooter? No, the male is a shooter. Black, white, or Hispanic? Hispanic. About maybe 5'5". Probably about 20, 24 years of age.

All I could see was a black pistol. - You see it right now? - No, no. He walked in the room. I actually, he was coming out.

Throughout the entire incident, Selena could be heard screaming from her hospital bed where she was being held hostage with her newborn son. However, she also at the same time begged and begged the responding officers not to shoot and kill Nestor. During the time inside room 4006, Nestor had turned the gun on Selena and threatened to kill both her and the couple's newborn baby.

In a later interview, Selena admitted that she had begged Nestor to surrender because, during the ordeal, he'd continued to hit her over and over while she held their son in her arms. She feared at the time that if officers came into the room that she was being held hostage in, that they would kill her too. Hands up! Hands up in the air! Hands up in the air, please! Don't shoot him! Throw that gun out! Come on, man! Don't shoot him! Please, brother, I'm asking you, come on! Don't shoot him!

After a few minutes, responding officers were able to convince Nestor to surrender. Wounded and ready to give up, Nestor eventually dropped the gun, raised his hands, and slid out of the room into the hallway.

Thinking quickly, Selena then took the opportunity to jump out of bed and grab the weapon so that Nestor couldn't change his mind and come back for the gun. She then made sure to inform the responding officers that she was in possession of the gun and that she was going to slide it into the hallway. Victor! Victor! Ma'am, where's Victor at? He's in the bathroom!

Is he no more gun in his hand? Hands up, hands up.

Can you cover me? Somebody? We got step. He's falling down past her. Where is he? Come on, man. Come on. I'll be arresting. Come out of the room right now. Get clothes on. Get clothes on. Okay. All right.

Keep your hands where we can stand! Come out of the room! Come on! Come on! Keep your hands by your sides! I'm moving in. I'm moving in. He doesn't have no good! Get out of the way! Can you move, ma'am? I'm trying! You got gloves? I got gloves. I got gloves.

I don't know. No, no, it does not. Oh my God. What the fuck is this?

When Nestor walked out with his hands up, officers were able to take him into custody and perform first aid on the gunshot wound to his leg. The shooting had finally ended, and the scene was declared safe. Nestor was then transported to another hospital, where he was treated for his injuries, and once he was discharged from there, he was transported to the Dallas County Jail, where he was charged with capital murder and aggravated assault against a public servant. He's currently still being held at the jail, with bail set at $3 million.

45-year-old Jacqueline Pacua and 63-year-old Katie Annette Flowers were both pronounced dead at the scene. The Methodist Health System issued a statement after their deaths that read, quote,

The Methodist Health System is heartbroken at the loss of our beloved team members. Our entire organization is grieving this unimaginable tragedy. We appreciate the community support during this difficult time. During this devastating time, we want to ensure our patients and employees that the Methodist Dallas Medical Center is safe and there is no longer an ongoing threat.

Our prayers are with our lost coworkers and their families, as well as our entire Methodist staff." During Annette's funeral, her daughter Sarah shared a few words about her mother, who lost her life way too soon from a random act of violence. My mom was famous for being a strong, loud, and opinionated woman. Lucky for me and mine, she raised us to be the same.

Though for her that was probably more of a blessing than a curse having to deal with four strong-willed children. But she did it because she could do anything. She was everyone's mom. She was always making sure everyone was cared for and it always had to be fair and everyone had to be felt like they were included or not less than. She was always very silly and fun-loving. She loved dancing and just being a goofball with her kids at the house. We always knew our mom was a hero.

Now the whole world knows it too.

Jacqueline Pacquiao would be remembered for her generous spirit and for her tendency to put others' needs before her own. A teacher at her son Nigel's school said, Whether it be paper or pens or anything, she never wanted it to come out of our pocket, so she would provide that. In a letter to his late mother, 12-year-old Nigel said,

People die in hospitals all the time. Just not like this.

Two innocent women, murdered behind these hospital walls. They have names: Jacqueline Poucroy and Annette Flowers. Their family and their friends haven't said much publicly. No doubt their grief is still fresh, their pain is still raw. But I'd like to share with you the bits and pieces we do know about these brave women. This is Jacqueline, 45, a social worker.

This big, beautiful smile. In chaos, her friends say, Jacqueline was the calm. And Jacqueline was a mom to a beautiful young boy. She came from Ghana 20 years ago, bore great friends by her side. Jacqueline and Annette. No question, two lives taken too soon. And no telling how many lives they saved and changed for the better behind these hospital walls.

In 2023, Jacqueline Pacquiao was posthumously awarded the title of Case Manager Hero by the American Case Management Association. The award read, With respect to the personal sacrifice you made in the line of duty to patients and families, ACMA honors you. May you be remembered for your courage, strength, and patient advocacy, reflecting the highest standards within our practice. The nominator for the award continued by saying that Jacqueline was a bubbly person who was full of life and that her sole mission was to help others. She went on to say,

She will be remembered as the calm during moments of chaos and our angel on earth. As for Annette Flowers, friends, family, and colleagues would remember her for her devotion to her patients, children, and grandchildren, saying, Annette is a hero in her line of work, a single mother to four, and a Grammy to five wonderful grandbabies.

But what exactly led up to this shooting? Why did Nestor seemingly snap that day with no forewarning? Well, the story of Nestor and Selena's past is actually a lot darker than one would imagine. So let's go back in time and take a look at just what could have potentially led to this shooting. And now we're going to take our ad break.

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And now, let's get back to today's story. Nestor Oswaldo Hernandez was born on August 1st, 1992, and briefly attended W.T. White High School in North Dallas. There isn't much information available online about Nestor's childhood, but due to his near-constant presence in the tax and justice system, his adolescence is pretty well documented. At the time of the Methodist Hospital shooting, Nestor had a lengthy criminal record within the Dallas court system, a criminal record that had begun when he was only 17 years old.

the numerous felony charges on his record included aggravated robbery with serious bodily injury burglary of habitation unlawful possession of a firearm and possession of heroin according to arrest reports in 2009 nestor assaulted a public official and in 2011 he entered a guilty plea to a felony charge of robbery a crime for which he served two years in prison on january 17 2015 he was arrested once again on charges of aggravated robbery and this is where the story gets really interesting

You see, Selena Villanova, Nestor's girlfriend, who he had held hostage in the hospital room along with their baby, wasn't completely innocent either. According to a news report, Nestor and his girlfriend at the time, Selena, who was labeled as an accomplice to this crime, had approached a woman as she entered her North Dallas apartment. Nestor first hit the woman on the back of her head and then pulled her down to the ground by her hair. As he put his hands around her neck, he told her, "'Don't scream or I'll kill you.'"

Nestor and Selena had then forced their way into the woman's apartment and told her, again, "Don't look at us or we'll kill you!" before striking her once more on the back of the head. The two then demanded money and valuables as they ransacked the innocent woman's apartment. At one point, the victim was able to grab a knife from her kitchen and attempted to defend herself, but this led to a struggle between her and Nestor. And sadly, he was able to wrestle the knife away from her before striking her multiple times and forcing her into a bathroom.

Once inside the room, Nestor and Selena violently bound the woman's hands and placed duct tape over her eyes. They ended up stealing the woman's cell phone, $3,000 in cash from a school fundraiser, and her car. It seems that both Selena and Nestor had enjoyed the criminal lifestyle in the past, and they hadn't even batted an eye at the fact that they had beaten an innocent woman to a pulp

and stolen almost everything from her.

After fleeing the scene, police located Nestor and Selena later that day in a different part of town and they were still driving the stolen vehicle. Both were immediately arrested on unrelated charges of public intoxication and warrants for traffic tickets. But when the police searched the vehicle, they found backpacks, cash, and other items belonging to the victim.

Nestor and Selena insisted that all of the items belonged to them, but obviously this was a major red flag, and the officers brought the couple in for an interrogation. During their questioning, Nestor admitted to shooting up heroin earlier in the day and being in a messed up state of mind. Now, luckily, the victim of the robbery and assault survived the attack, but the police

But after being brutally beaten and bound by the couple, she had been left with a fractured eye and broken nose. So in May of 2015, both Nestor and Selena pleaded guilty to charges of aggravated assault. Nestor was sentenced to eight years in prison and Selena was sentenced to five.

Now, Selena served her time and was eventually released from prison. But before he served his full sentence, Nestor was released early on parole on October 21st, 2021, with the special condition that he had to wear an electronic ankle monitor and complete a six-month rehabilitation program.

But less than a year later, while out on parole, Nestor was arrested again on March 9th, 2022. That incident was a minor accident investigation that involved a curfew violation.

However, he was released shortly afterwards and his parole was reinstated after spending 12 days in the county jail. On June 17th, 2022, two Carrollton, Texas police officers were working a drug case at an apartment building located at 1910 South Josie Lane when they spotted Nestor walking across the parking lot.

At the time, both officers were aware that there was a full extradition warrant out for Nestor from the Texas Pardon and Parole Board because, according to the report, Nestor had violated his probation for tampering with his electronic monitoring strap. So, immediately upon recognizing him, the two police officers approached and detained Nestor.

During the incident, Nestor identified himself and the police officers ran a background check where it indicated his status in the system. While handcuffed beside the police cruiser, Nestor headbutted the vehicle, which caused a slight dent, and he was then taken to the Carrollton Jail. Here's the audio from the body camera footage of this incident. Hey, just relax. What do you want to tell her? I don't want to talk to her, man. Okay, let's do this. Let's get you in the car. You got a phone? Is it okay if we call her?

I'm the phone? Okay, we're gonna get the phone. We're gonna get the phone. Wait, I can't let you get the phone, okay? We're gonna walk over here, I'm gonna put you inside the car, we'll get some AC on you, okay? Yeah, babe! Dog! Eat shit, man! Relax, relax, relax. You put a dent in my thumb, we're gonna start, we're gonna have a serious issue right here, man. Oh, man, I'm working, man, walking from evening, man. I got a job, I'm gonna clean up. You gotta take care of what you gotta take care of in here.

Last name Hernandez, first name Nestor, being Nora, Edward, Sam, Tom, Ocean, Robert. Hispanic male, date of birth, 8/1/19. - How about, what's going on here? - Nasty dog. - Nasty, Nora, Edward, Sam, Tom, Ocean, Robert. - Lean back for me. - Dog. - Man, she's so dumb. - God, man. She's a great woman, she's a pro.

Can I call them real quick? Yeah, we'll get the phone. Can I get the phone? Yeah.

After reviewing his case, the parole panel voted to place Nestor in an intermediate sanction facility where he spent 100 days atoning for the violation. He was then released again on September 28, 2022. But only two days later, on September 30, Nestor reported to his parole officer for his check-in, and he tested positive for drug use. The parole officer instructed Nestor to enter AA or NA support groups, but sadly failed to refer him to any outpatient programs as required by law.

And finally, in October of 2022, Nestor received special permission from the Texas Department of Criminal Justice to attend the birth of his son, and on the morning of October 22nd, he arrived at the Methodist Dallas Medical Center, where Selena had given birth the night before. It was obvious that Nestor was acting strangely when he arrived.

In the security camera footage from the hospital that was released after the shooting, like we mentioned earlier, viewers can observe a clearly intoxicated Nestor as he strolls into the hospital with an open beer can, behaving bizarrely the entire time. And it was this toxic combination of drug use, alcoholism, prior convictions, and violent tendencies and impulses that seemingly led to the horrific deaths of those two healthcare workers in the hospital that day.

You see, even though that day was supposed to be one of life's happiest moments for Selena and Nestor, Nestor sees this opportunity to drink, berate his girlfriend, and accuse her of cheating on him. He even accused her of having another man in the room during the delivery of their child. And it seems that nothing that Selena showed or told him could have convinced him at the time of anything otherwise.

After the shooting, Selena Villatoro admitted to the local news reporter that she had many regrets surrounding certain choices she had made that led up to the devastating day. And one of her biggest regrets was in fact allowing herself to stay in a relationship with Nestor after the two had gone to prison together for aggravated assault in 2015. I should have left him whenever I seen how he was

He was getting out of control with his drinking. Selena also told a reporter that she hasn't spoken to Nestor since the shooting and is now focused on getting her son back.

You see, after the incident, Child Protective Services stepped in, took the infant away from Selena, and placed him in foster care. And even though she's allowed to see her son every day, she can't take him home with her to care for him. It's just so hard right now. It's so hard right now.

When asked why she thought Nestor had committed the horrific shooting, Selena said she didn't know, but she wishes more than anything she could go back in time and stop him. As for the victims, Jacqueline and Annette, she had a very simple message to pass on to their families. I just want to tell them I'm sorry for their loss.

After the murders, Dallas Police Chief Eddie Garcia said during a news conference on October 24th, 2022 that "a violent individual like this should not have been on ankle monitoring. He should have been still in custody. Ankle monitors on violent criminals are useless." Our preliminary investigation determined on October 22nd at approximately 10:21 a.m., 30-year-old Nestor Hernandez arrived at Methodist Dallas Medical Center to see a patient in labor and delivery.

During that visit, the suspect pulled a handgun from his pants and hit the patient in the head multiple times. After the assault, a hospital employee, 45-year-old Jacqueline Pacua, came into the room to provide routine services to the patient. As Pacua was attending to the patient, the suspect stood up, moved to the employee, and shot her once.

Methodist Medical System Sergeant Robert was just a few doors down investigating a stolen property call when he and hospital staff heard what appeared to be a gunshot in the nearby room. Another hospital employee, Katie Flowers, 63, heard the shot fired, looked into the room, and the suspect fired again from the doorway, striking Flowers in the hallway. Sergeant Rangel witnessed the second employee being shot and took cover and called for help on his radio.

The investigation shows Hernandez reportedly reloaded his weapon and started to leave the room, still armed with his gun. Sergeant Rangel fired one shot from his department-issued weapon and hit the suspect in the leg. Hernandez went back into the room after being shot, and after a standoff with police, he was taken into custody. Tragically, both hospital employees died from their injuries. There were Dallas police officers at the hospital who helped with taking the suspect into custody.

The patient assaulted by Hernandez prior to the shooting was treated for their injuries. The newborn child in the room at the time, there was a newborn child in the room at the time, but was not injured. Hernandez was treated at Methodist Hospital and later moved to another hospital for further treatment. He has been charged with capital murder. Both the officer involved shooting and homicide investigations are ongoing. The focus here today of course should be on the lives lost.

On Saturday, we lost two healthcare workers who were going about their day caring for others. But as I stated publicly before, and I know you're going to ask it, in my opinion, this is a failure of our criminal justice system. A violent individual such as this should not have been on ankle monitor and should have remained in custody.

Hernandez's criminal history included aggravated assault of a public servant, burglary of habitation, and aggravated robbery. Just for clarity on this, I want to get an understanding. You're saying under the criminal justice system right now, that man shouldn't be on parole, he shouldn't have a monitor, he shouldn't go to a hospital. I'm trying to understand what your concern is about not only this incident, but there are thousands of people in this region just like him right now.

Well, an individual such as this, with his violent past, violent criminal history, here's the thing. I guess I'm at a pause when we think that putting an ankle monitor on a violent criminal is some form of accountability. Because ankle monitors on violent criminals are useless.

And so that's what my biggest concern is. Yes, everyone gets the opportunity of parole, there's no question about it. But if you believe that a violent criminal should have an ankle monitor, then that violent criminal probably should still be in custody. As for Sergeant Robert Rangel, Police Chief Garcia stated that he was a hero and that his actions on the morning of October 22nd helped to stop Nestor Hernandez from taking more lives. I would like to take a moment to discuss the actions of Sergeant Rangel on Saturday.

There is no doubt that his actions that day saved lives by stopping the suspect from leaving the room. There was no further loss of life. Sergeant Rangel remained engaged, created a report with the suspect, constantly communicating with the suspect and the patient inside the room throughout the barricade situation. Ultimately, the suspect did surrender and was taken into custody by law enforcement.

Dr. Serena Bumpus, CEO of the Texas Nurses Association, also raised the issue of workplace violence in hospitals, an issue that has been steadily increasing since before the COVID pandemic.

According to CBS News, the rate of 12.7 violent events per 10,000 full-time workers is about three times greater for RNs than all other professions, according to the U.S. Bureau of Labor Statistics. On average, two nurses were assaulted every hour in the second quarter of 2022. That translates to about 57 assaults per day across the U.S.,

Dr. Bumpus went on to say that no one should fear going to work, especially a nurse or healthcare worker whose main goal is to help others. Police Chief Garcia also admitted that the justice system was broken and that violent criminals are oftentimes given way more chances than victims. He called the shooting a tragedy and an abhorrent failure of our criminal justice system.

In the wake of the shooting, the Texas Department of Criminal Justice issued the following statement: "Nester Hernandez was released from prison to serve the remainder of his sentence in the community. He was on electronic monitoring, which required him to be at home unless out for an approved activity such as work or, as in this case, the hospital to visit his newborn child.

Parole supervision allows those previously incarcerated to transition back into their community, which includes visiting family members in hospitals. There was not an indication that Hernandez would act out violently in a hospital, and allowing him the ability to visit loved ones in that setting would not be out of the normal course of supervision."

However, the release of a violent criminal raised a lot of questions, including how a convicted felon and parolee was able to obtain a firearm. It also raised questions about the dangers that medical workers faced on the job. I mean,

it really is hard to understand why a guy who brutally assaulted and robbed an innocent elderly woman and someone who had committed multiple other felonies in the past would be let out of prison after serving such a short amount of time. And it's still unclear exactly how Nestor obtained the gun that was used in the shooting.

In an attempt to solve that mystery, ATF has launched their own investigation on how Nestor obtained the weapon. New tonight, the feds are now investigating how the shooting suspect at Methodist Dallas got his hands on a gun. He's both a felon and a parolee. Matt Howerton joins us from the newsroom with the new development. Matt.

Yeah, that's a question we've had from the get-go. The ATF, very good at getting to the bottom of it, though. It told us today agents are now tracing the gun used in that shooting, which means they'll be honing in on the history of the firearm ever since it was manufactured. Things they'll be looking for, who it was purchased from, and if it was legally sold. The suspect, Nestor Hernandez, is being held on a $3 million bond for capital murder and aggravated assault.

of a public servant. This is video of him being booked into the Dallas County Jail yesterday. According to an arrest affidavit, Hernandez was at Methodist Dallas Medical Center visiting his girlfriend who had just given birth. He's accused, or excuse me, he accused her of cheating on him and then pulled out a

gun. Investigators say he struck his girlfriend with the weapon and then he shot Jacqueline Pukwa and Annette Flowers when they walked into the room. Hernandez was on parole when this all happened and actually had an active ankle monitor. So we've spoken with several law enforcement experts this evening. It's unlikely Hernandez bought the gun from a licensed dealer. They will

always do background checks on the spot. It's more likely it was privately sold, but in Texas you don't have to do a background check to sell a gun privately, but charges can still be filed against you if prosecutors can prove you knew the person you were selling to isn't allowed to have a gun. In other words, they're going to be underage or in this case a felon. We'll see what investigators find though. Back to you.

In March of 2023, new laws were unveiled by State Representative Rafael Anchiem pertaining to the unnecessary violence that occurred on the morning of October 22, 2022. House Bill 3549, if passed, would require an offender who had tampered with an electronic monitoring device to immediately be sent back to prison to serve out the remainder of their sentence.

House Bill 3548 would increase the punishment for assaulting a hospital worker, and proposed House Bill 3547 would require hospitals to be notified if a violent offender who had an ankle monitor was coming to the hospital for a visit.

The new bills, if passed, will be named for the two Methodist victims, Kokuwa and Flowers. Rafael Anchia stated, "...law enforcement did their job in this instance. Law enforcement arrested. Law enforcement jailed. It was the rest of the system that really failed it. And that is what we are trying to do in these bills. We're setting up a legislative regime to make sure these tragedies don't happen again."

And as for Nestor Hernandez, due to the fact that this shooting occurred less than a year ago, he is still housed at the Dallas County Jail awaiting his trial.

This is such a heartbreaking and tragic story, and it's important to keep talking about it. I saw the audio that we used in this story on TikTok, and although we usually tell stories that have a definite beginning and end with a trial and everything, I knew we had to tell this.

And it just goes to show that even though people can take every precaution, even though law enforcement can do their best to keep violence off the streets, the darkness still sometimes finds a way to sneak through. This shooting should have never happened.

Nestor shouldn't have been out of prison and he definitely should have never had access to a gun. But we can't change the past. What happened, happened. And the only thing we can do now is push to get these bills passed so that our communities will be safer. Now we aren't claiming to have all the answers. And clearly our criminal justice system is complex.

There's still a lot of issues that need to be worked out, but passing these bills would be a step in the right direction. Hey everybody, it's Colin here. So a couple of announcements. First of all, just to say this story was super tragic. Obviously, Courtney and I live here in Texas, so we heard all about this when this initially happened and

Yeah, hearts go out to all the victims and their families. This is just such a tragic, terrible story that obviously never should have happened in the first place. But I want to give a shout out to all of our new patrons. Austin Sharp, Aaron Riley, Ashley Brunel, Chef Big J, Drew Stegall, Heazy, Nikki Larson, Ashley Barber, Brittany Walter, Raven Sweets, Rennell Bellavio, Trisha Kennedy, Sadie Hedges, Julia Trujillo, Bobby Atristain, Kyron Peterson, Katie Rose, Maria Mendez,

And so many more guys, we are still catching up from all of our new patrons that happened, you know, a month or two ago. So we'll get to you eventually. If you want to become a member on Patreon, just head to patreon.com and search up murder in America for $5 a month. You get access to all of our main feed episodes early and ad free, usually the day before they drop on everybody's feed. Then for $10 a month, you get two free

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