Vivian Hernández, a 62-year-old Cuban arrested violently by a police officer in the administrative office of the Li’l Abner mobile home park, was found guilty this Wednesday of the three misdemeanor charges she faced.
The incident—recorded on video and widely circulated in December 2024—turned their case into a symbol of the tension between tenants and local authorities.
Although she was found guilty of three minor charges - disorderly conduct, unlawful entry after warning, and resisting arrest without violence - the judge chose not to impose a prison sentence on Vivian.
The decision allowed him to return home without serving time in prison, although he now carries a criminal record.
"They based my guilt on a technicality."
At the exit of the trial this Wednesday, Hernández questioned the arguments that supported the verdict against him.
“The only thing that bothered me was that they based the entire process on a technicality where the officer rudely and aggressively told me: ‘out, out, out’. And that I had to understand it”, she declared to Telemundo 51.
According to him, his conviction was based more on a language barrier than on criminal behavior.
"Outside the place where I had to pay the rent to avoid losing my house, and that I had to understand it... they based my guilt on that", she added.
"I'm happy, there is no time in prison, but I have a surprise in the verdict," commented his lawyer, David Winker.
What Hernández said in the trial
During the process, Hernández testified in his own defense and asserted that he committed no crime.
She recounted that she entered the park’s administrative office, invited by the staff, to discuss the eviction process and pay her rent, something she was trying to do to avoid losing her home.
Throughout her testimony before the jury, she insisted that her behavior was peaceful and respectful, despite the tense atmosphere in the park.
He responded clearly when asked if he had been shouting.
"People tell us Cubans that when we speak, we seem to be shouting, but this is my tone of voice, this is my way of speaking," he stated through a translator.
He also denied having disturbed the peace or having resisted arrest
“At no point did I create a public disturbance... in the best manner and the most decent way, I explained why they should not be demolishing the first property as they were doing.”
What happened on December 4, 2024?
The events that led to Vivian Hernández's arrest occurred during a massive eviction process at the Li'l Abner mobile home park in Sweetwater, an area where more than 900 trailer homes were scheduled for demolition.
Municipal authorities were carrying out an eviction order that affected around 5,000 residents, making it the largest operation of its kind in Florida's history.
Hernández, a resident of the park for over 15 years, went to the administrative office that day to try to pay the rent and obtain information about the process.
It was then that he encountered Sergeant Brian Arias, who testified during the trial that he had been called by the office staff because the woman was agitated.
According to Arias, he asked Hernández to step down, but she repeatedly refused.
Under oath, he stated: "I tried to accompany her to the exit. She started to struggle, and it was then that I had to immobilize her on the ground."
A camera recorded what happened next: the officer threw Hernández to the ground while she screamed in Spanish:
"I'm not doing anything! You're using your strength on me just for fun!"
The video, widely circulated on social media and local outlets, sparked a wave of reactions and became a symbol of the struggle of the displaced residents of Li’l Abner.
No jail time, but with consequences
Although she avoided jail time, the conviction leaves Hernández with a criminal record, which could impact her immigration status and access to assistance programs. Her attorney, David Winker, expressed regret over the outcome but was relieved that she was not incarcerated.
The Cuban woman has also filed a civil lawsuit against the city of Sweetwater, alleging excessive use of force by Officer Arias, and is part of a group of about 200 tenants who have reported the park owners for harassment and unjustified evictions.
In previous statements to Univision, Hernández had already expressed his feeling of injustice.
"I feel frustrated, I feel tired, and I feel worried about what justice is like in this country... I am realizing that justice in this country is a privilege for the rich and a problem for poor and low-income people, like me," she said in October.
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