Eight months after a Sweetwater police officer took down 61-year-old Vivian Hernández during an arrest that was recorded on video, the Cuban woman is preparing to face a trial against her that she claims should have never happened.
Despite the fact that the prosecution offered her a plea deal that would have allowed her to avoid jail, the woman rejected it.
The resident of the mobile home park Li’l Abner claims that she was a victim of an "unlawful arrest" and of excessive force by the officer.
The incident occurred last December in the administrative offices of the complex, amidst the tension of an eviction order that affected the entire community.
At that moment, the authorities began the demolition of some homes, which prompted protests from the residents.
The charges and the defense's position
Hernández faces three charges for misdemeanors: resisting arrest without violence, disorderly conduct, and trespassing after warning.
"I believe this is the most fair approach because the three charges brought against me, in my view, are meant to justify an improper arrest," the woman said in statements to the local press, claiming that she acted peacefully at all times.
“I never caused a public disturbance at any moment... I respectfully and decently explained why they should not be demolishing the first property as they were doing,” he added.
His lawyer, David Winker, supports the decision: “She just doesn't feel comfortable pleading guilty to that... she feels like she did nothing wrong. She believes it's something worth fighting for.”
The controversial video
The arrest was captured in a recording that shows an officer holding Hernández and throwing her to the ground while she screams in Spanish.
"I'm not doing anything. You're using your strength just for fun." The scene, widely shared on social media and local outlets, became a symbol of the dispute over evictions in Sweetwater.
The police claim that Hernández refused to comply with orders, which forced them to use force.
She, for her part, insists that the violence was unnecessary and that she was just trying to pay her rent when she was arrested.
Beyond the criminal proceedings, Hernández is part of a class action lawsuit filed by around 200 tenants of the park, who remain in their homes despite the start of the demolitions.
"We want our protest to be heard... that we are given a fair price for our housing and treated with the respect we deserve," he asserted.
Hernández's case has become a benchmark for other residents who report undue pressure and disrespect in the eviction process. The legal dispute over the land's remodeling is still ongoing, and its outcome could set a precedent for the community.
The trial was scheduled to begin with jury selection this Monday, but the process has been postponed until further notice.
If found guilty, Hernández could face up to a year in prison for each charge, totaling more than two and a half years behind bars.
While waiting for a new date, the Cuban woman continues to live in Li’l Abner.
Frequently asked questions about the Vivian Hernández case and the evictions in Sweetwater
What happened during the arrest of Vivian Hernández in Sweetwater?
Vivian Hernández, a 61-year-old Cuban resident, was violently arrested by a Sweetwater police officer last December. During the incident, which was recorded on video, an officer threw her to the ground while she was trying to pay her rent amidst tensions over an eviction notice in her community. Hernández claims she was the victim of excessive force and an unlawful arrest.
What charges does Vivian Hernández face and what is her stance on them?
Vivian Hernández is facing three misdemeanor charges: resisting arrest without violence, disorderly conduct, and trespassing after warning. She insists that the charges were fabricated to justify an unwarranted arrest and has rejected a plea deal offered by the prosecution, believing that she did nothing wrong.
What is the context of the evictions at the Li'l Abner mobile home park?
The Li’l Abner mobile home park is being demolished to make way for a new housing development in a sought-after area of Sweetwater, Miami-Dade. Since November 2024, residents have faced eviction orders, and many continue to resist leaving their homes. Protests and legal disputes are ongoing, as residents report undue pressure and the inadequacy of the compensation offered.
What impact does Vivian Hernández's case have on the Sweetwater community?
The case of Vivian Hernández has become a symbol of the fight against evictions in Sweetwater. Her situation has inspired other residents to report pressures and abuses related to the eviction process. Furthermore, the class action lawsuit in which Hernández is participating could set a significant legal precedent for the affected community.
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