BOSTON, May 11, 2015—The Suffolk County Grand Jury on Friday afternoon returned an indictment charging AARON HERNANDEZ (D.O.B. 11/6/89) under the state’s witness intimidation statute for allegedly shooting a percipient witness to the homicides of Daniel de Abreu and Safiro Furtado, District Attorney Daniel F. Conley announced.

The victim of that non-fatal shooting is a former associate of Hernandez who was present for the 2012 murders in Boston’s South End.  Hernandez allegedly shot him in the face on the morning of Feb. 13, 2013, and left him to die on the side of the road in unincorporated territory just outside Riviera Beach, Florida, after the witness made a remark about the homicides.  Though this shooting took place outside of Massachusetts, it may be prosecuted under Ch. 268, Sect. 13B, of the Massachusetts General Laws as willfully causing physical injury to a witness with the intent to impede a Suffolk County criminal investigation. The charge carries a maximum sentence of 10 years in state prison. There is no minimum penalty.

As a matter of policy, the Suffolk DA’s office does not identify the witnesses to or surviving victims of violent crimes.

Hernandez is currently under indictment for two counts of first-degree murder, three counts of armed assault with intent to murder, and single counts of assault and battery with a dangerous weapon and unlawful possession of a firearm. Those indictments, returned May 15, 2014, represent de Abreu’s and Furtado’s homicides and shots fired at three surviving victims, including a 26-year-old man who was struck but not killed, during the incident on Shawmut Avenue during the early morning hours of July 16, 2012.

First Assistant District Attorney Patrick Haggan led the grand jury investigation with Assistant District Attorney Teresa Anderson and Assistant District Attorney Janis DiLoreto Smith.  The case was investigated by Boston Police homicide detectives with the assistance of the Palm Beach County Sheriff’s office.

Hernandez is represented by attorneys Charles Rankin, James Sultan, and Michael Fee. Though his case is scheduled to return to court on May 21, he is not expected to appear on that date and his arraignment on the new charge has not yet been scheduled.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.