AUSTIN, Texas (KEYE) - A 61-year-old Austin man is charged with aggravated sexual assault of an 11-year-old girl, and that girl is set to give birth in just weeks.
In mid-December -- the Dove Springs family got some shocking news. "How is my 11-year-old daughter pregnant? By who? What circumstances?" asked the victim's father. The girl told her parents another relative -- 61-year-old Mike Hernandez Sr. -- fathered the baby after molesting her in the same bedroom where he slept with his wife. CBS Austin does not identify victims of sexual assault.
Hernandez is now charged with aggravated sexual assault of a child. Her family, however, still has questions, like how the girl's pregnancy was missed at a doctor's visit in November. "Twenty-four weeks is 5, six months pregnant," I said to the girl's father. "Yes ma'am," he said. "And so, when your wife was 5-6 months pregnant?" I asked. "Nobody could miss it," he said, explaining that the doctor had told the parents that the girl was simply overweight.
They also want to know how Hernandez Sr. is now out of jail on bond. That answer is easier to find. "Certainly, if these charges and allegations are true, that is heinous, but he is not convicted now," said Perry Q. Minton, an attorney not connected to this case.
But the victim's family says they believe Hernandez is possibly a threat to other children, because he lives close to Mendez Middle School and Widen Elementary School. "He's able to walk free. With a monitor granted, but still within walking distance of a school," her father said.
Hernandez's attorney says the judge lowered his bond on the condition that he moved away from school zones. The girl's father says Hernandez works as a mechanic out of his home.
In the end, the father says, the law needs to change to protect young victims waiting for a day in court. "The governor talks about advocating for sex crime victims but here my daughter is a sex crime victim and she's still not safe," he said.
Hernandez Sr.'s next appearance in court is scheduled for Feb. 20. He cannot have guns or be around children without supervision as a part of his bond as well.