Hialeah Man Accused of Beating Man With Golf Club Before Stabbing, Robbing Him

May 18, 2024 Don Pumphrey, Jr. Criminal Defense, News & Announcements, Violent Crimes Social Share

Hialeah police recently arrested a 54-year-old man accused of beating a man with a golf club before stabbing him in the head. He then stole the victim’s valuables before threatening the victim with a firearm and fleeing the scene.

This page will provide the case details and information pertaining to the charges against the defendant.

Case Details

Hialeah police officers arrested Julio Alvera-Hernandez, 54, who is known by the nickname “El Gato,” following the incident.  

Police reported that they responded to a report of a physical altercation just after 4:00 p.m. at the 1100 block of Palm Avenue in Hialeah, Florida.

When they arrived on scene, they found the victim bleeding and identified that he had sustained a stab wound to the head. He was then transported to the hospital.

The victim of the attack told authorities that he had been attacked by Alvera-Hernandez, who was known to him by the nickname “El Gato.” The victim said Alvera-Hernandez approached him with a golf club and beat him with it.

After he fell to the ground, the victim claimed Alvera-Hernandez produced a knife and stabbed him in the back of the head. The attacker then took some of the victim’s valuables, including his wallet and his gold chain, and placed them in his vehicle.

Before fleeing in a distinctive Ford F-250 pickup truck, Alvera-Hernandez brandished a firearm and threatened to kill the victim, but did not discharge the weapon.

Investigators found the golf club used to strike the victim at the scene, noting that it had been broken into three pieces and had the victim’s hair and blood on it.

Alvera-Hernandez was apprehended following the attack on May 5. He is being charged with three counts including attempted second-degree murder, aggravated assault with a deadly weapon, and armed robbery with a firearm or other deadly weapon. 

He is currently being held with no bond pending trial.

Murder and Attempted Murder

Florida’s murder statutes are broken down to classify murder and attempted murder. Under Florida Statute Section 782.04, potential murder charges include first, second, and third degree murder.

Section 782.04(1)(a) defines first degree murder as “the unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed or any human being.”

First degree murder may also apply in the event that the premeditated murder is committed during the perpetration of certain felonies such as arson, rape, sexual battery, drug trafficking, aggravated child abuse, and kidnapping, among others.

Subsection (2) of the statute defines second degree murder as the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another. It also classifies second degree murder as murder that evinces a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.

Second degree murder may also be charged if a murder satisfying these statutory requirements is committed during the perpetration of various felonies, primarily those listed in Subsection (1).

Subsection (4) classifies third degree murder as “the unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate,” certain felonies – excepting those covered by first and second degree murder enhancements.

Under Florida Statute Section 777.04, an individual may be charged with attempted second degree murder if they try and fail to commit a murder that satisfies Subsection (2) of 782.04.

Important: First-degree murder will carry the most severe penalty due to the element of premeditation. A murder charge will also carry a more severe penalty than an attempt charge.

Aggravated Assault and Armed Robbery With a Deadly Weapon

Florida Statute 784.021(1) defines aggravated assault as an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

Aggravated assault is classified as a third degree felony punishable by up to 5 years in prison.

Important: The Florida Bar notes that to sustain a conviction for aggravated assault with a deadly weapon, the State must prove beyond a reasonable doubt that the perpetrator’s actions created “well-founded fear” that violence was about to take place.

Florida Statute 812.13 provides the definition of armed robbery: 

(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree.

First degree felonies, including armed robbery, are punishable by up to life in prison.

Important: To sustain a robbery conviction, the State must prove that force, violence, assault, or putting in fear was used in the course of the taking.

Contact a Criminal Defense Attorney in Tallahassee, Florida

Offenders charged with murder and aggravated assault are likely to be prosecuted to the fullest extent of the law, so it’s essential to secure the best legal representation as soon as possible. If you have any questions about a criminal charge that you or a loved one is being accused of, contact the defense team with Pumphrey Law Firm. Our attorneys have a broad understanding of Florida’s laws. 

Pumphrey Law can help defend your case. Contact our office at (850) 681-7777 or fill out the form on our website to schedule a free consultation.

  Social Share