By Mae Slater on
 January 31, 2025

J6 Protestor Emily Hernandez Gets 10-Year Term for Fatal DWI Post-Trump Pardon

Emily Hernandez, previously involved in the infamous Jan. 6 Capitol riot, faces a new chapter of legal repercussions as she is sentenced to a decade in a Missouri prison for a tragic event after her presidential pardon. The case stems from a fatal crash caused by her blood alcohol level of 0.125 on January 5, 2022, that killed Victoria Wilson and injured Ryan Wilson.

NBC News reported that Hernandez's legal troubles began on January 6, 2021, when she participated in the Capitol riot and was later pardoned by President Donald Trump.

The Capitol incident saw Hernandez capturing headlines as she was identified holding a damaged nameplate belonging to then-House Speaker Nancy Pelosi.

Her actions during this tumultuous event led to a 30-day federal prison sentence, stemming from charges of unlawful entry and remaining in a restricted area.

Presidential Pardon and Subsequent Legal Issues

On the first day of his second presidential term, President Donald Trump issued pardons or commutations to several offenders from the Capitol riot, including Hernandez. This political development temporarily put a halt to her legal issues at the time.

However, a new, unrelated incident unfolded almost a year later, drastically altering the course of her life. On January 5, 2022, Hernandez made the decision to drive on the wrong side of a Missouri interstate while intoxicated.

The tragic collision involved a vehicle driven by Hernandez and another car occupied by Victoria and Ryan Wilson, who were celebrating their 15th wedding anniversary. The crash claimed the life of Victoria Wilson, age 32, and caused serious injury to her husband, especially affecting his right foot.

In the legal proceedings that followed, Hernandez entered a plea deal in November, admitting guilt to charges of driving while intoxicated, resulting in death and severe injury. Her acknowledgment of these grave consequences played a part in the court's decisions.

Despite Hernandez's legal team proposing a 120-day sentence as a reflection of her remorse, the Missouri court handed down a much stricter penalty, sentencing her to 10 years in state prison. This outcome was met with mixed reactions and has left a mark on all parties involved.

Outside the courtroom, the loss was palpable for Victoria Wilson's family. Her mother, Tonie Donaldson, expressed the enduring pain, saying, "Nothing will ever bring her back." The grief and sense of emotional loss are a stark reminder of the tragedy.

Defense's Argument and Emotional Impact

Hernandez's defense sought a reduced sentence by emphasizing her acceptance of responsibility and deep remorse for the outcomes of her actions. Her attorneys argued that Hernandez would be permanently affected by feelings of regret and shame as a result of the crash.

Her defense team also tried to highlight her emotional state, arguing for a lesser penalty to mirror her sorrow.

Yet, despite their efforts, a statement from the Franklin County Prosecuting Attorney’s Office was notably absent during the immediate aftermath of sentencing.

While Hernandez begins serving her sentence, the consequences of her actions extend beyond the courtroom.

Echoes of her past and the weight of recent events linger in the public consciousness as well as with the victims’ families.

This case stands as a cautionary tale of how decisions made while under the influence can lead to irreparable harm to multiple lives. It involves complex legal and moral evaluations, with reconciliation and justice intertwined in challenging ways.

Written By:
Mae Slater

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