Charges dropped in shooting after victim can’t be found

Published 4:10 pm Saturday, December 14, 2019

Prosecutors were forced to dismiss charges against a Winchester man for a 2018 shooting when the victim could not be found.

Ernesto Batiz, 35, of 48 Jackson St., was charged with first-degree assault for the Sept. 11, 2018, incident.

Assistant Commonwealth’s Attorney Heidi Engel they could not proceed with the case because the victim, identified by police as 48-year-old Pablo Hernandez, could not be found.

Email newsletter signup

“We have used every means available to locate him,” Engel said. “It happens on rare occasions. It’s unfortunate but there’s nothing we could do about it.”

The single charge of first-degree assault was dismissed without prejudice, which means it could be reinstated should Hernandez be located.

Police said the shooting occurred following an argument in Batiz’s apartment. While officers were called to Washington and Jackson streets, they followed a blood trail back to Batiz’s apartment.

Officers found Batiz in a bed with the handgun used in the shooting, and police said Batiz corroborated Hernandez’s account of the incident.

About Fred Petke

Fred Petke is a reporter for The Winchester Sun, the Jessamine Journal and the State Journal. His beats include cops, courts, fire, public records, city and county government and other news. To contact Fred, email fred.petke@bluegrassnewsmedia.com or call 859-759-0051.

email author More by Fred