Seth Winder - Richard Hernandez Case Update

May 01, 2009

As one of our readers noted recently in the comments section of this blog, Seth Winder, 29, has been found incompetent to stand trial.  Readers will recall that Winder was accused of murdering and dismembering 38-year-old Richard Hernandez last year in a case that has been featured in many Texas newspapers as well as on A & E's program, The First 48.  As a result, Winder will be transferred, if he has not already been, from the Denton County Jail to a state-operated psychiatric institution where he will receive mental health treatment.  He will remain there until psychiatrists determine that he is mentally competent to stand trial for Hernandez' murder.  Police have never found Hernandez' body, but it is believed that he died at Winder's hands after he disappeared in September 2008.  Police have theorized that Hernandez' dismembered body parts were placed inside a Dumpster, the contents of which were buried in a landfill.
 
Winder's defense attorney, Derek Adame, recently stated that Winder's case was in a "holding pattern" until it can be seen how he responds to psychiatric treatment.  Winder's treatment could take a long time - but it could also go the other way if he responds well to it.  Adame said that he had asked for the evaluation because of his concern that Winder might not understand the charges he faces.  Winder also had not been able to effectively communicate with Adame about his case.
 
According to court records Winder's charge of capital murder, which could have brought with it the death penalty if Winder was found guilty, has also been reduced to first-degree murder because there does not appear to be sufficient evidence to prove that Hernandez was killed during the commission of a robbery.  As a result, Winder could be sentenced from five to 99 years in prison upon conviction.

Winder's father said that the court's determination was not a "surprise" to him because he has believed for quite some time that his son suffers from schizophrenia.  His father said that he had tried in vain for years to get help for Seth.  In addition to strange behavior that included a purported attempt to strangle his mother, Seth Winder was also fascinated with knives and had reportedly chopped up snakes, leaving the pieces in his parents' yard.

"If he'd have gotten the help before, there might have been a better outcome," his father said.  "It's just too little, too late…with each year that passed, he would become worse and worse.  He's not faking it.  He's bona fide."

On the other side of the argument as to whether Winder knew what he was doing when he allegedly killed Hernandez are people who do not believe that Winder is mentally ill.  A friend of Hernandez' said that he believes the court's ruling will delay closure for Hernandez' family and friends.

"I honestly believe that he knew what he was doing, and now this is his way of not paying for his actions or serving time," said Hernandez' friend.  "This guy's just buying some time for himself."

"You can't let him loose, because you don't know what he'll do," Winder's father said.  "That would be a travesty if they were to allow him to go free." 

Related Link:
Did Seth Winder Kill Richard Hernandez After a Gay Tryst?

Photo Credit: Dallas County Sheriff's Office

This material may not be published, broadcast, rewritten or redistributed without permission from Discovery Communications. All quotes must include a link back.

Comments

[Jade Montrose]

Reduction of Winder's sentence from capital murder to first-degree murder, due to the fact that it couldn't be proven the murder took place in the commission of a robbery, proves many laws regarding murder need to be updated. This case in years to come, may allow Winder the opportunity to kill again.

[det smith]

I have immense sympathy for the family and felt their pain when I watched the case unfold on The First 48. It's obvious to me that Seth Winder is mentally ill, extremely so and is not "faking" it. A State mental hospital is no country club, it's worse than prison. Our criminal justice system is filled to overflowing with mentally ill individuals who are not getting treatment. Our society wants punishment so we fail to fix the bigger problems. As a result a large number of these individuals will continue to victimize others and countless human lives will be wasted both victims and offenders. Maybe a confession and death penalty would have been the best solution for everyone in the Winder / Hernandez case, then again maybe it would be society murdering someone who was too insane to know the horror of his actions. The saddest thing is the fact that this story is playing out again and again every day in America.

[concerned]

The trial date is set for Feb. 8, 2010, in Denton County. The defendant has been stabilized on medication. Perhaps it will be delayed again, but right now that is the trial date set by the judge in the 367th district court in Denton County.

[Bill Ray]

I saw the first 48 account of this,His IQ was high which in a LOT of cases actually gos along with Mental illness. Anyone who chops up Birds and hangs them like ornaments in trees is NOT in his right mind,a lot of fakers have pleaded insanity when they were NOT mentally Ill.Why try to fry this guy ?he needs locked up in a Mental hospital thats where insane BELONG part of societys obligation. No one could have been that good an actor portraying a loonie... My opinion

[Jane Doe]

Unfortunatly I can say without a doubt he is not faking it. I am related in family to him and though I haven't seen Seth since he was six years old I know it is true. There is family history of mental illness on his mother's side. His grandmother has been in an instition for years. His grand-uncle committed sucide jumping off a tower building in Houston. Multiple other family members who are diagnosed schizo, socialphobics, etc. It is in our family genes, I just wish science could figure how to stop it.

[anonymous]

Its true that there is mental illness in Seth's family. A book has just been published about Seth, called Slipping Into Madness, The Seth Winder Story. It gives the background of his life. He is most definitely mentally ill.

[mary]

this is a terrible story. seth deserves the death penalty, imagine being dismembered in your own apartment. i have no compassion whatsoever for seth or his crazy well being he's a waste of space and will burn in hell. sick individual. makes me sick to my stomach...

[c h]

burn in hell

[Howardcalifornia]

Im fom California and I.....just from watching the show could tell this man is crazy.....he needs help he doesnt need to be "sent to hell" in my opinion I think child molesters are worse and they only get sentenced to a few years and 99% of them claim to be "Ill" I have a friend that reminds me in every way of Seth even down to his personal apperiance If anyone knows how I could get ahold of him through mail I would greatly appreciate it. I would love to support,help this man,who is my elder...he tryed to help the rest of you coward fucks by trying to fight for his country to protect you and your fuckin rights to be able to say the shit you are today....howwwdy@gmail.com

[anonymous]

I know this man is mentally ill. I have known his family for years and mental illness does run in it. Shcizophrenic brains are structurally different than a normal person. They live with delusions and hallucinations made worse by alcohol or drugs that they often use to medicate themselves with to quell all those voices and delusions. Mental illness is tragically not properly treated in our society. Its a horrible thing that happened and Seth should be locked up for the rest of his life. Fully fifty percent of those afflicted with this disease don't even realize they have it and he is one of those.I am very sad and sympatheic toward the victim and his family and friends. But, after coming to study this disease and realize it is genetic and that there are actually huge differences in the structure of their brains, I feel sorry for him too. Its a tragedy all around and a great sadness that our laws don't allow for family members to step in and help their mentally ill adult family members. Otherwise, his family may have been able to get him the help he so desperately needed. His trial has been reset to August 23, 2010, but there have been many past delays so no one knows if it will occur then or will be further delayed.

[texas]

Poor poor Seth. I feel for this guy. I knew him back in the day. He may have been a little weird buts thats normal these days. Id hate to see an old buddy get put down like a dog. stay crazy my friend.

[Sean Texas]

Some people are really good at what they do. I believe Seth is a very good actor and a liar. The tears that come out when the detectives started to really pound on him with evidence and pictures shows their were remorse and a right sound of mind. I could be wrong but my opinion is that Seth Winder is a con artist and this is all a plot set up for him to stay out of prison.

[jonathan]

He is a sick piece of **** I have the same problems as this loser and I don't cut up birds or people. This dude should be punished.

[John]

How can you imagine how it "Feels" to be dismembered in your own apartment/living space when your dead? although im sure that the energy lost from the body/ out of body experience of passing on was horrible though, especially watching your own body being dissmembered like that in front under your new surroundings, feeling as if you know where you are but kind of dont know where you are at the same time. i definitly feel sorry for those that have ascended to a higher plain from death of a sudden horrific crime. perhaps there could be a way to talk to the deceased man from his apartment where his entity could possibly be roaming, that is assuming if he is still earthbound and has not passed on further. im not talking about heaven or hell, just a higher plain of existence/ new beginning in death not an ending. as for the accused im sure the mental illness is true, and that one way alive or dead he will understand what he had done to another life. its just up to certain authorities/doctors/caregivers now. it has been proven that people who have passed on and continue to stay earthbound can communicate with the living through new means of electronic devices such as digital recorders and things like that. many have been documented from murder cases and murder sites from 100 yrs ago to the very recent of the actual dead relating thier own voices and thoughts or memories through a recorded device even explaining what happened to them and who killed them and details only the killer would know and only the deceased would know. even documented cases of the killer that has passed on will give accounts of its own wrong doings and tragic details of what had occured. ive seen many police/skeptics all witness thier own minds and ideas change from hearing such voices and actual evidence of those who have passed on tell thier either tragic stories or devious details in thier crimes. mail me your thoughts if you wish.

[angie]

First, I'm sorry for the Hernandez family lost. I feel and believe Mr. Seth Winder is mentally ill and needs professional help. He probably don't remember what he did or what happened. I watch The First 48, and he did look lost and scared. Locking a mentally ill person up in prison is not helping. He could become alot worse and he'll have a playground of bodies to dismember. This man and other people like him needs help. Something in his life altered his sanity, or maybe it is the family genes.