Murder charge against Cranston man is dropped

PROVIDENCE — A 33-year-old Cranston man breathed more easily under his mask on Thursday after a prosecutor moved to dismiss a charge of first-degree murder against him.

In March, Kenneth Hernandez had been charged in Providence's third homicide of the year, the shooting death of 32-year-old David Camacho on Julian Street in the Olneyville neighborhood.

More than five months later, Special Assistant Attorney General Jillian Dubois moved to dismiss the case, citing an insufficient basis to go forward, and Superior Court Judge Maureen Keough sent Hernandez on his way.

"Hopefully, this ends this for you today," Keough told him. "I wish you the best of luck. Take care."

Hernandez has been free on personal recognizance since March 31, according to records. Soon after his arrest, his lawyer, Assistant Public Defender Elizabeth Payette, made some legal arguments that were consequential, but the count of murder remained on the record until Thursday.

The night of the shooting:North Providence man charged with murder in fatal Providence shooting

Hernandez was emotional initially. Outside the courthouse, he said he felt "relieved."

Payette stood with him supportively but declined to comment. Hernandez said that some surveillance video, showing him away from the shooting scene, in a 7-Eleven store on Manton Avenue, at the time of Camacho's shooting, paved the way for his freedom.

"The camera doesn't lie," he said. "Everybody did their homework and stuff and they realized that I wasn't there. I wasn't the person who did it."

Hernandez said that he and Camacho had been friends since they were 15. They met at the Rhode Island Training School, he said.

In court:Cranston father to serve 27 years in prison for shaking infant son to death

Hernandez said that he had spent time with Camacho on the night of the shooting. 

"I went to them because I didn't know what happened," he said. "I just wanted to figure out what happened. I was beat up bad, too. I had a concussion. I didn't know where I was, they said. Whoever did that to my friend probably did that to me. I had a little too much to drink. I'm sleeping in the park.

"They say I was with him," Hernandez said. "But I must have gotten beaten up and gotten away and they shot him after. I don't know what happened. I didn't even know I was with anybody."

In March, the Providence police said that Hernandez and Camacho had been at the same club and they had traveled together to the location on Julian Street in the same car, according to Maj. David Lapatin. The police went to the scene after the shooting at about 2:30 a.m.

In protest:Governor's overdose task force stages walkout over funding shortfalls

Keough told Hernandez she had spoken to both Dubois and Payette about the case in her chambers but she didn't provide specifics as to why authorities had changed course. 

She said it was "truly unfortunate" that Hernandez was charged in the first place.

"I mean that," she said.

She praised Payette.

"It's what I like to see," she said. "Both sides working to come together to work out a truly just end."

Hernandez had no plans to go out and celebrate. He said he has learned his lesson about the trouble that can come from being out on the street late at night. He said he would stay at home with his brother and probably watch something on Netflix.