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Man found guilty in incident in which he bit police officer

August 12, 2006

CHAMBERSBURG, Pa. - A Franklin County jury found a Hagerstown man guilty this week of aggravated assault against a Chambersburg police officer for biting an officer during an arrest last year.

After about 90 minutes of deliberations, the jury also found Jose Fernandez Cortes-Hernandez, 26, of 245 N. Potomac St. of Hagerstown, guilty of resisting arrest, according to court records. He also was tried before Judge John R. Walker on a driving under the influence charge related to the other charges and found guilty, according to court records.

The incident occurred Oct. 27 about 8:20 p.m., police said. Officers were patrolling the area of Southgate Mall after a robbery was reported at Dollar General. Patrolman Victor Dimoff saw a car driving slowly through the area, and followed it into the parking lot of Rob & Dara's on Hollywell Avenue.

Police said Cortes-Hernandez became belligerent during the traffic stop, got out of the vehicle and told police to arrest him, according to the affidavit of probable cause. He was handcuffed by police and "began banging his head on the trunk stating, 'Is this what you want?'" the affidavit stated.

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Two officers wrestled him to the ground, and Cortes-Hernandez bit Dimoff on the arm, according to court records. A Taser was used to try and subdue him, police said, but Cortes-Hernandez jumped to his feet and had the Taser applied to him several times before officers could get him under control.

Cortes-Hernandez is scheduled for sentencing Oct. 4. The aggravated assault charge is a second-degree felony with a maximum sentence of 10 years in prison, according to Pennsylvania law.

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