DNA Links Convicted Attempted Rapist to 2010 Sexual Assault in Walnut Creek

June 4, 2013 12:02 pm · 26 comments

A DNA test on a man who’s currently locked up in San Quentin for attempted rape has linked him to another sexual assault that occurred in Walnut Creek in 2010, according to the Walnut Creek Police Department.

The following information is from the Walnut Creek Police Department:

In January 2013, 33-year-old Francisco Hernandez–Murrieta was convicted of Assault With intent to commit rape for an attack that occurred in Walnut Creek on June 9, 2012. In that assault, Hernandez-Murrieta attacked a female that was walking home from downtown Walnut Creek on a trail late at night. The victim was able to fight off Hernandez-Murrieta and he was captured by police a short distance away.

Hernandez-Murrieta was sentenced to two years in State Prison for the offense. Hernandez-Murrieta is currently incarcerated at San Quentin State Prison.

As a result of his arrest and conviction, a swab of Hernandez-Murrieta DNA was taken and submitted to the California Department of Justice CODIS data base. A search of the DNA linked Hernandez-Murrieta to a previously unsolved 2010 sexual assault case that occurred in Walnut Creek on August 14, 2010. In that case the suspect attacked a female alone in a car near downtown Walnut Creek. DNA evidence was recovered in that case by the Contra Costa County Crime Lab who in turn submitted the samples to the Department of Justice database.

Walnut Creek Police detectives worked with the Contra Costa County Crime Lab to confirm the DNA match. Detectives were also able to obtain other corroborating evidence linking Hernandez-Murrieta to the 2010 attack. The two attacks occurred less than a half a mile apart.

On June 3, 2013, the Contra Costa County District Attorney filed charges of Assault to Commit Rape against Hernandez-Murrieta for the 2010 assault. He was additionally charged with being armed during that offense.

This case is particularly timely with the Supreme Court decision released 6/3/13 in Maryland v. King, continuing police authority to collect DNA swabs from persons arrested for serious crimes. This case illustrates the value of this crime fighting tool and the success of the CODIS program.

Anyone with information on this case should call the Walnut Creek Police Department at 925-943-5844.

{ 26 comments }

1 Bill June 4, 2013 at 12:18 PM

DNA could give you freedom, or put you away for life.. Accountability is just a cheek swab away!!

2 PH Neighbor June 4, 2013 at 12:20 PM

Thank YOU!
Congrats to LE!
The best news I have heard and read all day!

3 Been There June 4, 2013 at 12:24 PM

Only 2 years? Maybe they’ll keep him locked up for good and now there’s one less degenerate that the woman of this area have to think about. Thank you to the brave women who helped put him away and to DNA collection. Fist Pump for Science!

4 Don't Censor Me Bro June 4, 2013 at 12:32 PM

One has to wonder if @ Gator thinks this too is a “Waste?”

5 kimchee June 4, 2013 at 12:43 PM

Hope he stays behind bars for a bit longer, like 50 years!

6 Jdog98 June 4, 2013 at 12:44 PM

Justice for all! As I recall the women that fought this predator off did a fairly good job of kicking his #$$ as well. I am glad to hear that he will now face more time and justice can be served to the other victims. Got to love DNA. Great work Crime Lab and WCPD.

7 Hello June 4, 2013 at 12:48 PM

Curious as to his “legal” status here in this country?

8 Elwood June 4, 2013 at 12:58 PM

I’m betting that el Senor Hernandez-Murrieta is a “new American”.

Remember, they’re not illegal aliens, illegal immigrants, undocumented immigrants or any other conceivably disparaging term now.

They’re “new Americans”.

Isn’t that sweet?

9 Anonymous June 4, 2013 at 1:01 PM

Unfortunately, the DNA testing is after-the-fact so the criminal can get away with several additional crimes before he is finally apprehended and swabbed. I don’t have a problem with a national DNA database for everyone – criminals or not. In fact, I think we need it.

Good and decent people don’t have to worry about invasion of privacy because they don’t commit crimes. The evildoers would be caught after the first offense instead of after the second, third,…..tenth offense (or however many crimes he happens to get away with before he is finally caught).

10 Walnut Creek Resident June 4, 2013 at 1:04 PM

There you go!!

11 CM June 4, 2013 at 1:32 PM

He collected cardboard from the cardboard bins around town. I now work in a place where cardboard hustling is illegal.

12 pr police June 4, 2013 at 1:46 PM

since this DNA swab was post conviction what does it have to do with USSC’s decision? Nark.

13 BDuns June 4, 2013 at 1:49 PM

@ Anonymous #9 – you trust the government far too much.

14 Dorothy June 4, 2013 at 1:50 PM

Swab for DNA after ANY arrest – no exceptions.

15 Anonymous June 4, 2013 at 2:23 PM

@BDuns #13-
No, I definitely don’t trust the government far too much. If the government does something wrong, I’m one of the first to speak out. But, what do you think the government can do with your DNA if you don’t commit any crimes? We are already thumb-printed when we get a drivers license. Do you have a problem with that?

16 ClayDen June 4, 2013 at 3:43 PM

Actually, Canadians, Mexicans, Brazillians, Costa Ricans….. are all Americans. North Americans, South Americans, Central Americans….. However, none of them are United States of America citizens.

17 Don't Censor Me Bro June 4, 2013 at 3:57 PM

@prp #12

Post arrest (I know what article denotes)

18 anonanonagain June 4, 2013 at 4:15 PM

Too bad they could only collect his DNA!!!

19 Willis June 4, 2013 at 4:17 PM

Great…. In the quest for globalism and “one big happy family”, another rapist from a 3rd world culture is polluting the culture and safety of the USA. When is the government going to realize there’s more to the picture than a warm and fuzzy ideal. Now we can all join in on supporting this dickweed and the rest of his kind, supplying 3 square meals and a bottle of coco butter.

20 Autumn June 4, 2013 at 4:27 PM

Hope he gets another 50 years!

21 Richard III June 4, 2013 at 6:55 PM

Just doing the work we don’t want to do? Perhaps comprehensive immigration reform should include some DNA testing. I don’t care where they are from. if there is a DNA problem. “No Way!”

22 chicken little June 4, 2013 at 7:00 PM

Yea, lets just swab every one at birth. If it solves one crime it will be worth it. Lets put the IRS in charge of it. frig’n sheep. Bah. Simple minds. I could just see our Forefathers opening their mouth for the king.

23 martinezdad June 5, 2013 at 7:04 AM

2 years is scary knowing now that this is a serial rapist

24 scum June 5, 2013 at 9:41 AM

glad this scum is off our streets. hope he stays behind bars for longer than just a few years. YUCK!

25 claycord idiots June 5, 2013 at 6:44 PM

I bet half of you idiots are worried right now. You and your glass house.

26 Atticus Thraxx June 5, 2013 at 7:33 PM

Your right # 25 and it’s my lower half.

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