Attorneys release audio recording in case of impound lot death

Attorneys release audio recording in case of impound lot death
Published: Jul. 5, 2018 at 8:45 PM CDT|Updated: Jul. 5, 2018 at 8:59 PM CDT
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MEMPHIS, TN (WMC) - Courtroom testimony suggests the man left in an impound lot for seven weeks could have survived if he had received medical care.

Murray Wells, the attorney who represents 33-year-old Bardomiano Perez Hernandez, released a courtroom audio recording dating back to a March hearing.

The recording is of medical examiner Dr. Paul Benson saying under oath that Hernandez could have survived if he had not been left alone for 49 days.

Hernandez was shot December 17 while he sat in the back of a van. Memphis Police Department impounded the van, but no officer ever noticed Hernandez bleeding in the back seat.

The bullet pierced major organs and a major vein in Hernandez's body. Benson said he believed those injuries were fatal no matter what medical care Hernandez received.

However, when questioned under oath, Benson said "it could be possible" that immediate care would have prolonged or saved Hernandez's life.

Wells said 19 Memphis police officers came in contact with the van between the crime scene and the impound lot. None of them reported seeing a man in the back seat.

Wells said he reached out to the city, but he has not received any communication about the case.

MPD Director Mike Rallings said in February that the department would launch a full investigation.

Wells said if talks don't progress, he will have to file a lawsuit.

"How do you miss something that big?  What's happening to those officers? What training are we giving everybody involved in the police department that you have to thoroughly inspect a crime scene?" Wells asked.

City attorney Bruce McMullen released the following statement:

"We are continuing to review the matter and will take appropriate action when our review is complete."

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