Was a man who subdued and tied down an intruder at a property near City Park legally justified in his actions? A legal analyst told WWL Eric Hernandez’s actions earlier this week were justified and reasonable, and he shouldn’t face any legal repercussions.
Tommy Tucker received a call from Hernandez this morning where he explained his side of the story and clarified that he did not restrain the intruder using shibari ties.
Hernandez laid out the series of events, saying it began when he found an intruder inside of a four-plex where he was doing some finishing work.
“The guys got my tools in his hands, and I say man what are you doing with my tools, and he hands them to me, and he goes here you go, and I say now get the f*** out,” said Hernandez, who then called 9-1-1. “The operator seems disinterested because it didn’t seem like this guy was about to kill me.”
Hernandez said the man, who seemed mentally ill, then entered a unit occupied by a woman, who yelled at him to leave. Hernandez said that’s when the intruder took a swing at the woman with a radio he was holding.
“So when he swings a radio at her I have no other choice but to detain him so he doesn’t hurt somebody,” said Hernandez.
Hernandez said he tied the intruder up and brought him outside, then untied him thinking it would get the man to leave. The man did leave, but Hernandez said he came back shortly afterward, at which point he had to tie him down to a “sturdy post”. He left the man there for the police.
All Things Legal host Doug Sunseri told WWL Hernandez shouldn’t have to worry about legal repercussions because he acted reasonably and with restraint. He also mentioned that tying the man down and leaving was a reasonable decision because of the infamously long NOPD response times.
“When you have a trespasser you can make an assumption that you would be under some type of danger,” said Sunseri. “You could do what is necessary to protect yourself and others and I think that was very reasonable given the behavior of the subject.”
Sunseri added he’d be shocked if any DA would take this case if police were to decide to charge Hernandez.
