3 sentenced in home invasion burglary in Gainesville

Jan. 27—Three men accused of a Gainesville apartment home invasion entered pleas, leading to sentences ranging from one year to 12 years, according to court documents.

Christoper Aroni Hernandez, 23, Victor Jesus Lazo, 21, both of Roswell, and Jose Javier Rodriguez, 23, of Alpharetta, were indicted on charges of home invasion, first-degree burglary, aggravated assault and possession of a firearm during the commission of a crime.

Assistant District Attorney Alexander Brack said Rodriguez and Hernandez went into a North Cliff Colony Drive apartment March 27, 2022, wearing masks and armed with a handgun and rifle. Lazo stayed in the car, Brack said.

Gainesville Police Investigator Terry Barnes previously testified at a Magistrate Court hearing that the people inside the apartment were expecting someone when the two masked men appeared.

Hernandez's attorney Rob McNeill said Hernandez fired a single shot from the rifle.

Barnes said the suspects "initially demanded weed, money and everything," eventually leaving with Air Jordan sneakers, a PS5 controller, cellphones and a wallet.

After getting a be-on-the-lookout notice for a blue two-door Honda Accord, Roswell Police stopped the vehicle and detained the three men.

Hernandez pleaded guilty Dec. 22 and was sentenced by Superior Court Judge Jason Deal to 25 years with the first 12 years in prison. The remainder may be served on probation.

McNeill said his client was a smart kid who was an "orphan on the streets since he was 14" after his mother was deported and his dad died.

"He's a wannabe gangbanger, and he talked to somebody that knew these guys had some drugs and they were going to go rob them," McNeill said.

McNeill said his client accepted responsibility.

"The kid's going to pay a price," the defense attorney said. "... He didn't think it was going to go down that way, and the last thing he wanted to do was hurt anybody."

At a Jan. 20 plea hearing for Lazo and Rodriguez, Brack said Lazo was forthcoming, taking responsibility for his actions and talking with the district attorney's office with no promise of a deal.

Lazo read a statement detailing his regret for that day and that he never had any intention to hurt anyone.

The Roswell man said he hoped he would be able to continue working to provide for his family and stay on the straight and narrow.

The prosecution dismissed the home invasion, aggravated assault and firearm charges for Lazo.

Lazo pleaded guilty under the First Offender Act to the first-degree burglary charge, and Deal sentenced him to 10 years with the first 12 months to serve in custody. He is in the Hall County Jail, and the Hall County Sheriff's Office database listed his expected release date as Jan. 20, 2024. The rest of his sentence may be on probation.

Lazo's defense attorney, Richard Blevins Jr., declined to comment.

The prosecution dismissed the aggravated assault charge for Rodriguez, who pleaded guilty to home invasion under the First Offender Act. Deal sentenced him to 20 years with eight years in prison and the remainder on probation.

If the two men complete the terms of their sentences, the First Offender Act will allow Lazo and Rodriguez to have the case discharged without a conviction.

Rodriguez's defense attorney, Alfonso Gonzalez, did not return multiple emails seeking comment.