(MOBILE, Ala.) - The man accused of carrying guns and ammo into a Fairhope church was in federal court Thursday. Police say Robin Hernandez walked into the Church of Christ on Greeno Road earlier this month armed with a loaded 9mm and an AR-15 assault rifle. Police also found a combat first aid kit, pain killers, a two-way radio and 150 rounds of ammo.
Hernandez faces a federal charge that former Mobile County Commissioner Steve Nodine pleaded guilty to: being a drug user in possession of a firearm.
Thursday, an FBI agent testified investigators found marijuana seeds and a teenage mutant ninja turtle pipe used to smoke the substance inside Hernandez's home .
A blood test taken two days after Hernandez entered the church showed THC, the active chemical in marijuana, in his system. Enough evidence, prosecutors say, to classify him as a "chronic user."
"Absolutely not," defense Attorney John Beck fired back.
Beck said marijuana can stay in your system for months and the government has no evidence he was high when he entered the church.
"The government wanted to find a way to arrest this young man and this was pretty much all they could come with," said Beck.
Beck said Hernandez served our country for four years and saw heavy combat action as a Marine. He said his client has returned home with mental issues and deserves help, not criminal charges.
"Nobody agrees with the judgement that was used by Mr. Hernandez at the time. But what he did was not against the law. It may have been uncomfortable. It may have been strange, but it wasn't against the law. There's a big difference," said Beck.
Absent during the hearing was any discussion as to why Hernandez showed up with guns and ammunition in church
The judge waived this case to a grand jury, which will meet next week and consider Hernandez's case. Judge Cassady also said if Hernandez is indicted, he will be sent to a Bureau of Prisons mental hospital for further evaluation.
