Convicted murderer requests a new trial

Robert Hernandez
Courtesy WV Regional Jail Authority

MORGANTOWN, W.Va.– A convicted murderer says the evidence against him was not sufficient for a conviction and wants a new trial.

Robert Hernandez, Jr., 33, was convicted of first-degree murder earlier this year of killing Fairmont native and West Virginia University student Devante Waites during a melee at Bent Wiley’s in Morgantown. He was sentenced life in prison without the possibility of parole.

Hernandez stabbed Waites inside the bar on Chestnut Street in downtown Morgantown on Aug. 14 the fled the scene. Morgantown Police soon apprehended him.

Hernandez filed the request this week, asking that a judge acquit him and grant a new trial. He stated in the filing that prosecutors used low-quality surveillance video to support their case.