MEMPHIS, Tenn. — Could he have lived? That's the question attorneys representing the family of Bardomiano Hernandez want the answer to as the investigation into his death continues.
Hernandez's body was found in the back of a van in a police impound lot last week, 49 days after he was fatally shot during a robbery. Memphis Police failed to see the body during inspections and were set to put the van up for auction.
During a news conference on Tuesday, the attorneys from Horne & Wells, PLLC revealed they know Hernandez was shot once in the upper abdomen — a wound they claim under normal circumstances normally does not result in instantaneous death.
They also mentioned that the driver of the van, who was shot multiple times, was treated by the outstanding medical professionals at the Regional Medical Center and has since been released. With that in mind, could Hernandez have survived, they asked.
Murray Wells said his office won't know the details of exactly how or when Hernandez died until an autopsy is complete.
Until then, the attorneys said they are waiting for the city of Memphis to reach out to the family. According to the attorneys, they notified the city they were representing the family on Friday. They said theoretically giving them enough time to at least reach out to the grieving family members and create an open dialogue about what happened and how to move forward.
They claim that so far the city has reportedly not done that.
"We are going to trust the city on this one to honor their commitment to do a full and fair investigation. We are going to trust the city to honor their commitment to show respect to this family and this one year old girl. We're going to give them the opportunity to announce all that," said Wells.
When asked what would happen if the city doesn't respond, the attorneys stated they know the names of the officers involved. They wouldn't release the officers' names in order to give them a chance go through exactly what happened.
When asked if the officers involved should be fired, the attorney insinuated they should face disciplinary action including termination.
Attorneys said Hernandez has family in Mexico and Memphis, including a 1-year-old daughter. They said Hernandez's girlfriend did not report him missing because it was not unusual for him to be away from home working jobs.
Wells says now they want to allow MPD to get justice for the family but they could still seek monetary damages from the city for Hernandez’s family down the road, he also believes it would be a good idea if an outside agency like the TBI got involved.
They mayor’s office says they’re not releasing any additional comments right now.
The police department has not returned our request for comment.