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Olivarez pleads guilty to murder
Saturday, 05 December 2009
By THOMAS JENKINS     

Staff Writer
An 18-year-old Big Spring resident pleaded guilty to charges of murder and aggravated assault with a deadly weapon in 118th District Court Friday morning, bringing the murder case of a local youth to a close.

Christopher Olivarez, 18, accepted a plea agreement that netted the young man 30 years for the murder charge and 10 years for the aggravated assault charge. The two sentences will run concurrent, according to Howard County District Attorney Hardy Wilkerson.

Olivarez was indicted Oct. 8 by a Howard County grand jury for the May 30 shooting death of 16-year-old Big Spring youth Justin Hernandez during an altercation at a home in the 1600 block of Cardinal.

“This was a very complicated and confusing case. There were a lot of witnesses and a lot of confusion about the factual issues that came about,” said Wilkerson. “We had some factual concerns going into trial, and we also had some legal concerns. There was the potential this could become a manslaughter case and the maximum (sentence) would be 20 years. A 20-year conviction would be absolutely unacceptable in my view, and for the protection of the community and to do my job I felt I had to safely get the maximum number of years possible, and we came to the decision 30 years was going to be acceptable.”

Hernandez was pronounced dead shortly after 10 a.m. at a Lubbock area hospital, police records show. According to law enforcement officials, Hernandez and a second victim — later identified as 17-year-old Richard Pineda of Big Spring — were shot during an altercation in the roadway in front of the home.

Wilkerson said Friday's plea agreement will officially close the books on the case, but plenty of questions remain.

“There are unanswered questions in this thing,” said Wilkerson. “And there will continue to be unanswered questions. There was a lot of confusion about the events that transpired at 1610 Cardinal, and the press was privy to a lot of the rumors that were flying around rather irresponsibly. People came to conclusions that were, quite frankly, incorrect. It was through the diligent work of the Big Spring Police Department, which spent a lot of time and a lot of man hours, that the truth ultimately came out.

“There were several fights and altercations that occurred at that residence or in the proximity of the residence that night. This was actually the fourth altercation and it was totally unrelated to the previous three. We think there were two groups, two musical groups, who were clashing and agreed to fight it out — it was supposed to be a fist fight — at the Howard County Fair Barns. The group that was at the Cardinal Street residence didn't make it to the fair barn, most likely because of the altercations that were taking place there. Ultimately, the group that was waiting to fight it out at the fair barns came to the residence on Cardinal. Tthey got out and one of them produced a gun.

Wilkerson said Olivarez's involvement in the clash is still somewhat unclear.

“Strangely enough, Chris Olivarez was not a member of either group and had no dog in the fight, so to speak,” said Wilkerson. “He seems to have joined in to even up the manpower. We do believe from the evidence gleaned from the interviews that he (Olivarez) had gotten cross with someone at the residence, and perhaps he had his own ax to grind over earlier altercations at the house, and that perhaps that was the driving motivation for him to bring a gun and shoot toward the crowd of people.”

Investigators with the BSPD came under fire from the victim's mother, local resident Nicole Harbour, who alleged the investigation — prior to Olivarez's arrest — was not a top priority for the law enforcement agency. Wilkerson said he felt the case moved along swiftly.

“The police office came over with some preliminary reports, and quite naturally she (Nicole Harbour) wanted action as fast as possible,” said Wilkerson. “However, the initial reports they brought back were not enough for me to go forward for an indictment. We knew there was additional evidence out there than needed to be found. It took a few weeks to get those interviews and lock it down to where we felt comfortable amidst all the confusion. Once we felt comfortable we could go forward with it and the investigation began to wind itself up, then we did in fact seek an indictment. If you look at this case in its entirety, when it begins May 30 and we've wrapped it up and concluded it on Dec. 4. For a murder case in any area that's moving pretty fast.”


Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Last Updated ( Tuesday, 08 December 2009 )
 
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Comments
This article sounds very defensive to me. If things were done in a timely manner and best foot forward from everyone, then why is it only after all is said and done, there is a reply. If consideration was given to the family the mom wouldn't of had to come to the newspaper desperate for answers. Law enforcement should of kept her informed of all this the entire time. Laying it all out in a deffensive article after the fact doesn't really count. THIS WAS HER SON. You use the word 'understandable' when referring to her feelings, but from this side and this article it just seems like you never did really understand and still don't. On the other hand I am very thankful that this kid is where he needs to be, I just hope that in the future, more care is given in dealing with the families of these victims. I think Nicole handled herself very well. She is obviously a strong mother who was taking a stand for her son and I admire her for that!
Posted by friend of the family, on December 6, 2009 at 15:00

would to say that sorry for the lose of there son. the fact remains my son is Chrirtopher Olivarez the young man found guilty of this crimes my son is not the murder of this young man. I STRONGLY believe that the real killer is out there. I know the mother wants closure . but we will never know what happened that night. My son had no grudge against anyone at that party. good luck to the faily of the young man. an innocent has ben sent to prison for a crime he didnot commit. poeple should beable wants in the police reports and them judge for themselves.
Posted by olivarez family, on December 7, 2009 at 13:29

Mrs Olivarez....Please don't pretend for a moment to give a **** about the Hernandez Family. The only thing we are all thinking about your son is isn't it a shame 30 years is all he got! We know he only has to serve 1/3 of his sentence so NO Mrs. Olivarez YOU and YOUR son are not VICTIMS here. YOUR son plead GUILTY to MURDER and Justin Hernandez is DEAD. If you really gave a crap about your son and all the mother's out there you would have made sure with out a doubt that your child would have never left YOUR house with a gun. Keep it up lady next you'll be teling us you gave the gun to him. It's 10pm bet you don't know where any of your other kids are either, do you?
Posted by Miranda, on January 11, 2010 at 8:36


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