SUBURBAN WEST PALM BEACH, FL (WFLX) - A suburban West Palm Beach woman has been charged with manslaughter after admitting she shot her boyfriend in the head.
When deputies responded to a 911 call on December 30, 2014 at 2300 Caroma Lane in unincorporated West Palm Beach, they found 19-year-old Fredi Hernandez unresponsive on a couch with a gunshot injury to the left side of his head and a black semi-automatic handgun in his left hand.
Hernandez was transported to St. Mary's Medical Center by Palm Beach County Fire Rescue where he was pronounced dead.
Police took statements from two male friends of Hernandez, Jorge M. Alarcon and Luis F. Landaverde, and his girlfriend, 17-year-old Lety Hernandez.
Lety Hernandez claimed she was in a bedroom when she heard a gunshot and came into the living room to discover her boyfriend on the couch with a gunshot wound to his head and a gun in his left hand.
She also told investigators that he was depressed because he may be going to jail for a long time and because she is two months pregnant.
She said the couple had argued earlier because she believed he had taken a Xanax pill, and it bothered her when he used Xanax because he acted differently.
She and the other people who gave statements denied touching the gun at any time before or after Hernandez shot himself.
On January 2, 2015, the two men who had given earlier statements contacted the detective assigned to the case and wanted to meet in order to provide further information.
Landaverde admitted to originally lying because he was scared and didn't want his friend's girlfriend to go to jail because she was pregnant.
Landaverde says he was sitting in a chair when he saw Fredi Hernandez return from the kitchen with water dripping down his face and sit next to Lety.
Landaverde says the couple began an argument about Fredi taking Xanax.
He says he isn't sure how Lety got the gun because Fredi had it on him earlier that day.
Landaverde says Lety took the gun, slid the slide back and ejected a round. She then took the magazine out of the gun, according to Landaverde, then pointed the gun at her boyfriend and questioned him further about taking the Xanax.
Landaverde described Fredi Hernandez as laughing as he admitted he took a Xanax pill.
He says that's when Lety fired the gun and appeared completely surprised that it fired. She screamed and dropped the gun.
Landaverde says he picked up the gun, placed the magazine back into the weapon and he, Alarcon and Lety discussed how to cover up her actions.
Landaverde admitted to placing the gun in Fredi's left hand so it look as if he shot himself.
Landaverde says he believes that Lety thought the gun was unloaded when she pulled the trigger and it was a terrible accident.
Alarcon gave a similar statement to the investigator.
On January 3, 2015, Lety Hernandez spoke with the investigator and gave the following statement.
She admitted her involvement in the case, saying she and her boyfriend Fredi were sitting on the couch together following an argument about taking Xanax.
She said Fredi had his gun in his hand playing with it as they both sat on the couch.
Lety asked to see the gun because it was a common occurrence that Fredi and her play with the gun. Fredi handed her the gun.
She pulled the slide back on the gun and let the slide go back forward, according to her statement. Lety did not know a bullet was loaded into the barrel from the loaded magazine.
She removed the magazine from the gun and placed it in her lap, pointed the gun at Fredi's head and pulled the trigger, causing a round to be fired into his head and killing him.
Lety insists that she believed the gun was unloaded at the time and this was an accident.
The PBSO investigator says that based on the investigation and evidence that Lety's actions were accidental and there was no intent to shoot and kill him, probable cause exists to charge her with Manslaughter per Florida state statute 782.07.