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Missouri woman involved in Capitol riot charged with DWI after fatal crash

Emily Hernandez is facing two charges related to the deadly crash, which happened almost a year to the day after the Capitol insurrection.
Credit: KSDK

FRANKLIN COUNTY, Mo. — A Missouri woman who pleaded guilty for her involvement in the Jan. 6 Capitol riot has now been charged in a fatal crash that happened a year later.

Prosecutors charged Emily Hernandez, of Sullivan, with two counts of driving while intoxicated: one resulting in death and one resulting in serious physical injury. 

According to a crash report from the Missouri State Highway Patrol, the 22-year-old was driving a Volkswagen Passat the wrong way on Interstate 44 in Franklin County when she crashed head on into a Buick Enclave. The Buick went into the median and drove into the cable barriers.

A passenger in the Buick, 32-year-old Victoria Wilson, died at the scene. The driver was seriously injured and suffered a disabling injury to his right foot, according to court records.

The highway patrol requested charges back in January. The Franklin County prosecutor said his office was waiting for blood test results before formally filing the paperwork.

Court documents obtained by 5 On Your Side state Hernandez took a preliminary breath test that indicated she had a blood alcohol content of 0.2%, which is 2 1/2 times the legal limit to drive in Missouri.

Hernandez’s attorney Ethan Corlija said they have “no comment at this time.”

The fatal crash happened on Jan. 5, 2022, nearly a year to the day from when Hernandez was seen in social media photos and ITV News video as rioters stormed the U.S. Capitol. Hernandez was among those holding a broken wooden sign from House Speaker Nancy Pelosi’s office.

Hernandez was originally charged with five counts in the Capitol riot. Several days after the fatal crash, she pleaded guilty to one misdemeanor charge of entering or remaining in a restricted building. Her sentencing was pushed back to April 11. The judge could sentence her to up to a year in prison; however, guidelines for sentencing are 0-6 months.

Corlija has previously described Hernandez as “the girl next door,” who “got involved in a situation she did not want to put herself in.”

Credit: Federal criminal complaint

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