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Did Seth Winder Kill Richard Hernandez After a Gay Tryst?

September 29, 2008

Richard HernandezAccording to Dallas, Texas police, 38-year-old Richard Hernandez was a creature of habit who "lived a life of consistency."  He had lived in the same northwest Dallas apartment since 1994, and had held the same job for the past eight years at a local Wal-Mart.  When Hernandez failed to show up for work on Thursday, September 4, 2008, his coworkers naturally became worried and called the police.  It was not like him to not show up for work, particularly without calling in and notifying his supervisor.

Shortly after one of Hernandez' friends called the Dallas Police Department and explained how out of character Hernandez' unexplained absence was, an officer responded to Hernandez' apartment, located in the 3900 block of Rosemeade Parkway, to conduct a routine welfare check.  The manager opened the locked apartment for the officer.  When he went inside and saw the massive amount of blood on the living room floor and walls, the officer immediately backed out of the apartment and notified the department's homicide unit.  Detective D.A. Thompson and a crime scene team were at once dispatched to the apartment.

Like the responding officer, Thompson and his team also noted the large amounts of blood on the living room floor and the blood spatter on the walls.  The sofa was also soaked with blood.  When Thompson went into the bathroom, he observed that the bathtub also contained significant amounts of blood along with what Thompson believed to be tissue from someone's internal organs.  It appeared to Thompson that the bathtub had been used to dismember someone, likely the apartment's resident—experience has shown that that's how these cases typically turned out.  Nonetheless, blood and tissue samples were taken from the various locations inside the apartment and sent to the Dallas County Medical Examiner's Office.

As Thompson conducted a background investigation on the missing man, he learned that Hernandez had no family in the area, and none of his friends could tell the detective anything about his possible whereabouts.  Since the blood and tissue from Hernandez' apartment had not been identified yet, it was possible, though doubtful, that Hernandez might still be alive and that someone else had been killed inside his apartment.  The background probe showed that Hernandez' paycheck had been deposited into his bank account a day earlier, and his debit card had been used late on the afternoon of September 4, 2008, at 5:29 p.m., to make a purchase at a Starbucks in Plano, Texas, a few miles due north of the Dallas/Fort Worth area.  Thompson also learned that the card had been used a little more than an hour later at a Target store, also in Plano.

Seth WinderThe manager of the Target store provided Thompson video footage of the transaction involving Hernandez' debit card that depicted an unknown white male who had made the purchase.  That fact, of course, dramatically diminished the possibility that Hernandez might still be alive and increased the probability that he had been killed inside his own apartment.  Armed with a still photograph of the man, taken from the video, Thompson returned to the apartment complex where Hernandez resided and showed it to the manager.  The manager recognized the man in the photo and identified him as Seth Lawton Winder, a 29-year-old man who had previously lived in an apartment at the complex.  The manager also told Thompson that she had seen Winder on the property near Hernandez' apartment at about noon on September 3, 2008, and asked him why he was on the property.  Winder purportedly told her that he was there to visit a friend.  She saw him again the following day and asked him to leave.  Thompson obtained an arrest warrant for Winder on Saturday, September 6, 2008, alleging debit card fraud.

Thompson subsequently learned that Winder had been living outdoors in a wooded area in Carrollton, Texas, also north of Dallas and a few miles southwest of Plano.  Carrollton police assisted their Dallas colleagues and kept the wooded campsite under surveillance over the weekend of September 6-7.  Early Sunday morning, September 7, the Carrollton officers notified Thompson that they had found potential evidence at the campsite.  When Thompson and his team showed up that morning, they found a bloody backpack inside a garbage can approximately 25 feet from the area where Winder had been camping.  Thompson found items inside the backpack belonging to Hernandez and Winder.

After identifying the tent that Winder had been sleeping in, Thompson and other detectives searched it and found a sword and other items that were later determined to have been taken from Hernandez' apartment.  The sword had large amounts of blood on it.

A short time later Thompson located Winder's father, who informed him that his son was homeless but had stopped by his house on Friday, September 5, 2008 to store some items inside his garage.  Winder's father gave Thompson permission to search his garage where they found several items, including a digital camera that they later determined had belonged to Hernandez.  Pornographic images of Winder, shot inside Hernandez' apartment, were found on the camera's memory card.  It was not immediately known when the photos had been taken, or who had taken them.

Winder's father told the police that his son had a fascination with knives, and had attempted to choke his mother three years earlier.  He said he kicked his son out of his house two years ago because he refused to work at a job, and because his behavior had continued to become more severe.

Seth Winder was located and arrested on Monday, September 8, 2008, and was initially held on charges related to the debit card.  The following day, the charges were upgraded to capital murder. Bail was not immediately set, but detectives uncovered a history of prior arrests as well as a history of mental illness.

"The totality of what we have here and what we found leads me to believe that a criminal act has taken place here," said Lt. Craig Miller, commander of the Dallas Police Department's homicide unit.

"I just want to make sure everybody understands that he is insane," Winder's father said after his son's arrest.  "He is mentally ill, and he's been that way since probably early 2000."  Winder's father said that his son had been arrested numerous times, and stated that he had "told the police every single time that he's crazy, and they wouldn't listen."

Because investigators could not immediately determine the location where Hernandez' body parts had been disposed of, they considered the possibility that another person may have been involved due to the likelihood that a vehicle may have been needed to relocate Hernandez' body, or what was left of it.  The cops believe that Winder did not own a car.

Investigators also learned that Hernandez had been an openly gay man, which fueled speculation that he may have been killed during, or perhaps after, a gay tryst with Winder.  Winder's father indicated that his son may have been involved in prostitution, but Hernandez' friends clarified that it would have been out of character for Hernandez to solicit sex from anyone.  Hernandez' friends indicated that it was more likely that Hernandez had been trying to help Winder, and described Hernandez as a kind, generous person.  Similarly, Winder's father said that he did not believe that his son was gay, but indicated that he may have resorted to prostituting himself to survive since he was homeless.  Winder's father said that his son had been diagnosed with schizophrenia.

"Seth has a real easygoing disposition," his father said.  "It's hard to talk to him because of his mental illness, but he's real easygoing, he's real caring.  He's just a real nice kid except when he has an episode.  When he has a psychotic break, you just don't know what he'll do.  That's the reason I removed him from my home."

Whether Winder makes it to trial or not remains to be seen.  In the meantime the investigation is continuing, and bail was finally set for Winder at $760,504.  It seems likely that an insanity defense will be played out if the case gets to court.

Photo Credits: Dallas County Sheriff's Office

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