Posted: 4:38 p.m. Friday, Jan. 4, 2013

Crime victim says brain dead prisoner should not go home to family

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Oscar Diaz-Hernandez photo
Oscar Diaz-Hernandez

ORANGE COUNTY, Fla. —

According to investigators, Oscar Diaz-Hernandez, 22, tried to kill himself in jail seven months ago. Now his mother wants to move him home to Honduras, but a judge refused to let him off ankle monitoring.

WFTV reporter Kathi Belich learned that the pregnant woman Hernandez is accused of torturing doesn't want him released, either.

Investigators said that Diaz-Hernandez is brain-dead with no hope of recovery.

The pregnant mother who said he shot her in the back as she escaped after he terrorized her family for days said he made his own choices. She said he should not get special treatment because he's an illegal alien.

"She just wants for him to live with dignity and give him all the love she can until the time comes," said a translator for Nydia Hernandez, Diaz-Hernandez's mother.

Diaz-Hernandez is still charged with 11 felonies, five of which carry life sentences.

Marcela Borges said she was pregnant when Diaz-Hernandez shot her in the back, temporarily paralyzing her and causing permanent injuries. She said that despite his condition he should have to stay and pay for what he did.

"This is wrong. He made something really bad. He did because he wanted. No one put a gun to his head and said, 'If you don't do it I would kill you,'" said Borges.

She said that's what Diaz-Hernandez did to her family in 2009, for three days. She said he threatened to kill them  as he held them hostage, driving them to different locations, including the bank, to rob them of $24,000.

"[Diaz-Fernandez] was the one who came into my house, grabbing Ryan over here, with his head, over here, with a loaded gun to his head. He was only 5 years old," said Borges, referring to her son.

Initially, Diaz-Hernandez's care was paid for by taxpayers because he was an inmate at the jail when he suffered the critical injuries. But once he was put on house arrest at the hospital, with an ankle monitor, Orlando Regional Medical Center has been absorbing the cost.

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