Trial set in gay man’s 2008 murder

After three years of delays, Seth Winder will be tried next week for  Richard Hernandez’s murder

hernandez.Richard

Richard Hernandez

JOHN WRIGHT  |  Senior Political Writer
wright@dallasvoice.com

DENTON — More than three years after gay Dallas resident Richard Hernandez disappeared, his accused killer is set to stand trial next week.

Authorities believe the 38-year-old Hernandez was murdered and dismembered inside his Far North Dallas apartment in early September 2008, but they never found his remains.

Seth Lawton Winder, 32, is charged with first-degree murder and faces up to life in prison.

Winder’s trial has been delayed numerous times, but Jamie Beck, first assistant district attorney for Denton County, said this week she’s confident it will go forward next week, with jury selection set for Monday, Nov. 14.

“Everybody wants a swifter and quicker justice, but you’ve got to do it right,” Beck said, referring to the delays. “Bottom line, we want justice, so if that means it takes a while, then so be it.”

Rudy Araiza, who was a close friend of Hernandez’s and is also gay, said he’s looking forward to Winder’s trial.

“I hope that we get justice finally after three years of waiting,” Araiza said. “For me it’ll be, I hope, closure.”

Araiza said he hopes Winder receives the maximum sentence of life in prison.

“Just as long as he’s away and out of the public view, and away where he won’t be able to hurt anyone else,” Araiza said.

Winder’s father, Rodney Winder, agreed, saying he wants “justice served and Seth away where he cannot hurt anyone.”

Rodney Winder and his wife, Karen Dilbeck, have said they repeatedly tried to get help for Seth, who suffers from schizophrenia, in the months prior to Hernandez’s murder. Dilbeck would later publish a book about the case, which was also the subject of an episode of A&E’s The First 48.

A judge initially found Seth Winder incompetent to stand trial, but he’s since been restored to competency.

It’s unclear what type of relationship existed between Hernandez and Winder. But police recovered a digital camera containing pornographic images of Winder that were taken inside Hernandez’s apartment.

When Hernandez failed to show up at his job at Wal-Mart, authorities went to the apartment on Rosemeade Parkway and discovered large amounts of blood on the floor, walls and couch — in addition to tissue from internal organs in the bathtub.

Police concluded that Winder placed the rest of Hernandez’s remains in a Dumpster, which had already been emptied and its contents buried in a landfill.

Purchases made on Hernandez’s debit card led police to Winder. They found blood-covered evidence including a sword at two campsites where Winder had been staying.

This article appeared in the Dallas Voice print edition November 11, 2011.

—  Kevin Thomas

What’s Brewing: Sarah Palin; Ron Natinsky; high court rejects challenge to D.C. gay marriage law

1. Sarah Palin is, not surprisingly, totally unapologetic (video above). In her first interview since the Tucson shooting (if you call an appearance on Fox News an interview), Palin says she’s been falsely accused of being an accessory to murder (her words, not ours). But Palin says she’s not going to let that lie live. No sir, she’s not going to sit down or shut up. In fact, the only reason the map with the rifle crosshairs was removed from her PAC’s website after the shooting is that some graphic artist decided on his own to take it down. But Palin’s not really even sure whether it’s been taken down or not. Besides, everyone uses those maps, just like everyone knows what “blood libel” means, you stupid media people. You probably think she should just say the two words that any decent human being would say after a tragedy like this — “I’m sorry.” Silly you.

2. District 12 Dallas City Councilman Ron Natinsky confirmed that he plans to run for mayor. Although he represents a conservative district in far North Dallas, Natinsky has been fairly supportive of the LGBT community, and he’s been endorsed in the past by the Dallas Gay and Lesbian Alliance.

3. BREAKING: The U.S. Supreme Court has rejected an appeal by a group seeking to overturn same-sex marriage in Washington, D.C.

—  John Wright

Gay murder victim Richard Hernandez’s friend to launch website documenting ‘delay of justice’

Victim Richard Hernandez, left, and suspect Seth Lawton Winder

While we’re on the subject of local gay murder victims whose friends want to see justice, we thought we’d let you know about a note we received this morning from one Rudy Araiza.

Araiza was close friends with Richard Hernandez, who was murdered and dismembered at his apartment in Far North Dallas more than two years ago, in September 2008. Seth Lawton Winder is charged with first-degree murder in Hernandez’s slaying and is awaiting a trial that’s been postponed several times. According to the Denton County District Attorney’s Office, Winder’s case is now set for trial in late January.

We aren’t sure whether Araiza, Hernandez’s friend, was inspired by the actions of Lisa Stone’s friends, but he wrote to inquire about obtaining copies of Dallas Voice articles on the murder, because he’s interested in launching a website. Here’s part of what he said:

“I want to start a Richard Hernandez Justice website to keep journals and updates on his delay of Justice! As we leave 2010 and into 2011, we are still in suspense mode waiting to hear, or see ‘Justice’ happen here from delay after delay of Seth Winder. I had a dream the other night, and in my dream Richard was there, in a place where Happiness and Life were the heavens. I was extremely angry with him and told him that he left a lot of people with heavy hearts, he said that everything was going to be okay, and that he was watching over us. It was a typical answer that only Richard would have said to me, which let me know that he was happy and right! It sounds crazy, but I woke up knowing and feeling good inside knowing that Richard for a mere 5 minutes was having a conversation with me. My heart believes that he knows what’s going on, and  he knows Justice will come soon.”

—  John Wright

County to partner with community ASOs

Forums planned to gather ideas from community will focus on strategies to prevent HIV infection

DAVID TAFFET  |  Staff Writer taffet@dallasvoice.com

Dr. Steven Harris, left, and Dallas County Commissioner John Wiley Price
EXTENDING THE FIGHT | Dallas County Health and Human Services Medical Director Dr. Steven Harris, left, and Dallas County Commissioner John Wiley Price discuss new efforts to fight the rising HIV infection rate in the county during a press conference on Thursday. (David Taffet/Dallas Voice)

Dallas County Health and Human Services Department officials announced Thursday, Sept. 16, that they are forming a new partnership with AIDS Arms and Resource Center Dallas to begin new HIV awareness and prevention programs.

“We’ve seen a resurgence of numbers,” said DCHHS Director Zachary Thompson.

Among the initiatives announced were community forums to find new ways to create awareness and spread the message of prevention.

“The key is resident input,” Thompson said.

The county will also open a new testing clinic in far North Dallas, an area with increasing HIV rates and a lack of HIV services.

“If money could have cured this, probably we wouldn’t be here today,” said Dallas County Commissioner John Wiley Price.

He said that an estimated one in five people infected with HIV in Dallas County do not know their status, adding that “HIV disproportionately affects certain populations.”

Among the groups with a recent increased infection rate are people age 50 and older. Saturday, Sept. 18 has been named National HIV/AIDS and Aging Awareness Day. AIDS Arms has coordinated a number of testing locations around the county. Those locations are listed on the Dallas Voice website.

Dr. Steve Wilson, Dallas County’s STD/HIV medical director, said that early in the decade the area saw a decrease in the HIV infection rate. By 2006, there was a leveling off.
He attributed that, in part, to increased testing efforts by the county. He also said that current testing detects the virus earlier. At least 30 of the 850 to 900 people diagnosed locally last year would not have been detected with traditional testing methods.

Wilson said that three areas with most of the increase in infection rates are Oak Lawn, Oak Cliff and North Dallas. He said that to address the needs in those areas, the county was partnering with community-based organizations.

Bret Camp, associate executive director of Resource Center Dallas, said that early intervention produces the best clinical outcome.

“With the recent advances in HIV treatment, it is now a chronic, manageable disease,” Camp said. “Testing and education are our best weapons to fight the spread of HIV.”

He said that on Oct. 12 at 6 p.m., Resource Center Dallas would host the first community forum on strategies to join together “to create a successful plan that will reduce HIV transmission and give us healthier communities.”

Camp said they are looking from input from people who are HIV negative and positive and HIV infected and affected.

AIDS Arms Behavioral Intervention Specialist Ed Jones said a second forum would be held in South Dallas at the Urban League, 4315 S. Lancaster Road, on Oct. 28.

Jones said that because on an increased need for HIV clinical services, AIDS Arms would be opening a clinic in Oak Cliff in addition to its South Dallas Peabody Clinic.

One group that has seen a significant rise in HIV infection in Dallas County is younger people age 13 to 24. In 2006, two 13-year-olds were diagnosed. In 2008, a 14-year-old, a 15-year-old and two 16-year-olds tested positive in Dallas County.

Rubin Ramirez
Rubin Ramirez

Price said that until recently, Dallas County was the largest in the country where condoms were not available to younger people because of an abstinence-only sex education mandate.

“In 1992, there was basically a ban by the court,” he said. “Let me say that I am very glad to stand here today and say that has been repealed.”

He said that purchasing condoms was not an issue. Condoms are available at the county health department for distribution.

“They are available as a protection mechanism,” he said. “It is available in your toolbox in Dallas County.”

Dallas County’s Chief Epidemiologist Wendy Chung said that the infection rate among 13-to-24-year-olds is 54 per 100,000. She said that represents a 30 percent increase in recent years.

Rubin Ramirez of Resource Center Dallas said that one of reasons for the increase in infections is apathy.

“People are immune to the message because of treatments available,” he said. “They think things are OK.”

He said the goal was to bring HIV awareness back to the forefront.

Price agreed and said that was a big problem in the African-American community.

“Magic made it. It can’t be that bad,” Price said referring to basketball player Magic Johnson who was first diagnosed with HIV 19 years ago. “There wasn’t anything magic about Magic, and we need to bring urgency to this issue.”

Currently, about 14,000 people in Dallas County are living with HIV. That is a 30 percent increase over the past six years. The growing number is partially due to longer life expectancies for persons receiving medications.

Of that amount, 67 percent of cases are among gay men and others identified as men who have sex with men. Women represent just 22 percent of the cases in Dallas County.
A disproportionately high percentage of HIV infections in Dallas County are among minorities. Hispanics account for 23 percent of the cases and blacks 48 percent.

While Dallas is the third largest city in Texas, it has the highest infection rate, according to AIDS Arms. Since 1981, 15,000 people have died of AIDS-related illnesses in North Texas.

This article appeared in the Dallas Voice print edition September 17, 2010.

—  Michael Stephens