Vivian Hernández, a 62-year-old Cuban woman, was found guilty on Wednesday of three misdemeanor charges after being forcefully arrested by an officer at the Li’l Abner Mobile Home Park's administrative office.
The event, captured on video and widely shared in December 2024, highlighted the strife between tenants and local authorities.
Despite being convicted of disorderly conduct, trespassing after warning, and resisting arrest without violence, the judge decided against sentencing Vivian to jail time.
This ruling allowed her to return home without serving a prison sentence, though she now has a criminal record.
"Convicted on a Technicality"
After the trial on Wednesday, Hernández criticized the reasoning behind her conviction.
"The only thing that bothered me was that my entire case was based on a technicality where the officer rudely and aggressively told me to 'get out, get out, get out.' And I was supposed to understand that," she told Telemundo 51.
She argued that a language barrier, rather than criminal behavior, was at the heart of her conviction.
"Outside the place where I had to pay rent to keep my home, and I was supposed to understand... that's what my guilt was based on," she added.
"I'm relieved there's no jail time, but surprised by the verdict," commented her lawyer, David Winker.
Hernández's Testimony in Court
During the trial, Hernández took the stand in her defense, asserting she had committed no crimes.
She recounted entering the administrative office by invitation from the staff to discuss the eviction process and pay her rent, actions she took to avoid losing her home.
Throughout her testimony, she emphasized her peaceful and respectful demeanor amidst the tense atmosphere at the park.
When asked if she had been shouting, she responded clearly.
"People often say Cubans sound like they're shouting when they talk, but this is my tone of voice, this is how I speak," she explained through a translator.
She also denied causing any public disturbance or resisting arrest:
"At no point did I create a public disturbance... I explained as decently as possible why they shouldn't be demolishing the first property the way they were."
The Events of December 4, 2024
The incident that led to Hernández's arrest occurred during a massive eviction process at the Li’l Abner Mobile Home Park in Sweetwater, affecting over 900 mobile homes slated for demolition.
Municipal authorities were executing an eviction order impacting approximately 5,000 residents, marking the largest operation of its kind in Florida's history.
Hernández, a resident of the park for more than 15 years, went to the administrative office that day to try and pay her rent and get information on the process.
There, she encountered Sergeant Brian Arias, who testified that the office staff had called him because she was upset.
Arias claimed he asked Hernández to leave, but she repeatedly refused.
Under oath, he stated, "I tried to escort her out. She started struggling, and that's when I had to restrain her on the ground."
A camera recorded what happened next: the officer threw Hernández to the ground while she yelled in Spanish:
"I'm not doing anything! You're using force on me just for fun!"
The video, widely shared on social media and local news, sparked a wave of reactions and became a symbol of the displaced residents' fight at Li’l Abner.
No Jail, Yet Lasting Impact
Although she avoided incarceration, the conviction leaves Hernández with a criminal record, potentially affecting her immigration status and access to aid programs. Her attorney, David Winker, expressed disappointment but relief that she wasn't imprisoned.
The Cuban woman has also filed a civil lawsuit against the city of Sweetwater, alleging excessive force by Officer Arias. She is part of a group of about 200 tenants who have sued the park's owners for harassment and unlawful evictions.
In prior statements to Univision, Hernández voiced her sense of injustice.
"I feel frustrated, tired, and worried about what justice means in this country... I'm realizing that justice here is a privilege for the wealthy and a problem for the poor and low-income people like me," she said in October.
Understanding the Legal Implications and Community Reactions
What charges was Vivian Hernández found guilty of?
Vivian Hernández was found guilty of disorderly conduct, trespassing after warning, and resisting arrest without violence.
How did the incident at Li’l Abner Mobile Home Park become widely known?
The incident gained widespread attention after a video of Hernández's arrest was circulated on social media and local news outlets.
What impact could the conviction have on Hernández's future?
The conviction could affect her immigration status and eligibility for assistance programs due to her new criminal record.