Bernardo Mendez sentenced in 2015 beating death at abandoned north Lubbock apartment
A 43-year-old man was sentenced Thursday morning to 15 years in prison after admitting to the beating death of a man eight years ago at an abandoned apartment complex in north Lubbock.
Bernardo Mendez, who spent most of his time awaiting trial in state mental health hospitals, appeared in the 137th District Court with his attorney, Dan Hurley, and pleaded guilty to a count of murder in the March 18, 2015 slaying of 51-year-old Herbert Fetherolf.
He faced between five years to life in prison.
In exchange for his plea the Lubbock County District Attorney's Office recommended a punishment of 15 years in prison, which District Judge John McClendon imposed.
Mendez, who has more than eight years of jail credit, will have to serve half of his sentence before he is eligible for release on parole.
The case against Mendez began the morning of March 26, 2015, when police responded to the Villa Del Norte Apartments in the 1900 block of Baylor Street after a contractor who maintains the property reported finding a body identified later that day as Herbert Fetherolf, Lubbock police officials said.
The apartment had been abandoned since 2013 after a windstorm severely damaged the property and the Lubbock Municipal Court ordered the property be secured, but it was not, according to a statement from then-city council member Victor Hernandez.
By February of 2014, the court ordered the apartments be demolished, and by June 11, the property was bought by Foreclosed Property Holdings Inc., which is First Bank & Trust, according to the statement by Hernandez.
The abandoned property has been a popular site for criminal activity involving drugs and fights. It's also a haven for homeless people.
When police arrived at the room with Fetherolf's body, they noticed the apartment was trashed with displaced doors and wires, and the body had been deceased for several days, according to an arrest warrant.
Further investigation determined Fetherolf was likely killed on March 18.
Lubbock County Medical Examiner's Office officials said Fetherolf died from blunt-force trauma.
Dr. Sridhar Natarjan, the Lubbock County Medical Examiner at the time, noted during an autopsy that there were multiple impacts on Fetherolf's head, several fractured ribs, and defensive wounds on his hands.
Mendez, who was arrested five days after the case began, was identified as a suspect in Fetherolf slaying after investigators spoke with a witness who came forward after learning about a body being found at the abandoned apartment complex.
Theodore Martinez, whose stepson is friends with Mendez, related accounts of events Mendez allegedly told him that were consistent with the death investigation, according to an arrest warrant.
Mendez told Martinez he and a man were at a vacant apartment called "Little Mexico" and the man was "talking ****" to him, so he beat him up using a sink, and blood went everywhere, the narrative stated.
"Benny Mendez laughed and joked about assaulting the old man," according to a probable cause affidavit filed with Mednez's arrest warrant.
Martinez heard about the dead body being found at Villa Del Norte Apartments and suspected it was the person Mendez told him about, and Martinez went to authorities, the narrative reads.
Mendez was booked-in to the Lubbock County Detention Center on March 31, 2015 and a Lubbock County grand jury indicted him about a month later.
Court records show competency issues stemming from Mendez's mental illnesses delayed the case. Competency refers to defendants' ability to understand the charges against them, the legal process and their ability to assist in their defense.
In March 2016, a year after the case began, Mendez's attorney Dan Hurley filed a motion suggesting his client was incompetent to stand trial because of diagnoses of depression and bi-polar disorders.
Mendez also suffered from auditory hallucinations.
"These conditions significantly limit his comprehension to interact appropriately," Hurley wrote in an affidavit.
Two months later, following a competency evaluation, Mendez was committed to North Texas State Hospital's Vernon Campus to restore his competency.
In March 2017, court documents indicate Mendez's commitment was extend after a hearing during which the court found he had a mental illness that made him a danger to others and prevented him from functioning independently.
In 2018 Mendez's civil commitment was extended again as he remained a danger to himself and other. However, he was transferred to Big Spring State Hospital after he was found "not manifestly dangerous."
Psychologists at Big Spring found in June 2019 that Mendez's competency restoration was complete and he was returned to Lubbock where he was evaluated for competency again.
A competency report was completed in October 2019 and a hearing was set for April 7, 2020 that resulted in Mendez being committed again.
However, in May 2021, a psychologist evaluated Mendez and found him competent to stand trial.
Records state neither prosecutors nor defense attorneys contested the findings and District Judge John McClendon ruled in November that Mendez was competent to stand trial.
Court records show he was brought in March to Lubbock from Big Spring to await the conclusion of his case.
During the hearing, Hurley told the court he believed his client was competent to enter his guilty plea that morning and asked Mendez multiple questions to demonstrate his competence.
Mendez said he understood he was pleading guilty to a count of murder for killing Fetherholf at the abandoned apartment.
He said he knew that by entering his plea, he was giving up a potential insanity defense.
Hurley told the court that, while his client was competent to enter his plea, symptoms of his mental illness continue to surface, saying Mendez sent him a letter about six months ago concerned that he was "hearing voices again."
However, he said his client was given medication that appeared to subdue those symptoms.
Judge McClendon said Mendez's behavior in court dispelled any concerns he had regarding his competency.
Mourning a lost brother
Fetherolf's siblings watched the hearing via online video conference and shared their grief during victim-impact statements, referring to their brother by his nickname, Pete.
"Pete was a good person and I would like to be able to give forgiveness for Benny, but it's very difficult," said Libby Christmon-Cowan.
She told Mendez she's haunted by the heartbreaking image of her brother dead in the abandoned apartment for days. She said her brother was days away from celebrating his 52nd birthday.
"He was a kind person," she said. "He wasn't a threat to Benny in any way. He used a walker, he had a hard life and of course he deserved to live"
Fetherolf had seven siblings and a son who is expecting a child in January, Christmon-Cowan said.
"Pete will never meet him because Benny took his life at the age of only 52," she said. "He deserved to have a longer life and it was taken from him for no reason."
Faith Fetherolf told Mendez that she struggled to offer him her forgiveness for killing her brother.
"This was a human being and he didn't deserve to die like that," she said. "He had a lot of life left to live and he deserved to live it."
Steve Fetherolf told Mendez that his brother was a good man and his actions caused his family egregious harm and pain.
He said he hoped Mendez spent his time in custody reflecting on his actions.
"I hope that there is remorse," he said. "I believe you are going to be exactly need to be at."
Lubbock County District Attorney Sunshine Stanek declined to comment citing the mental health factors involved in the case.
Hurley described the case as a difficult and sad one.
"It is true that Benny and the (Fetherolf) got in an argument and an altercation and it resulted in the death of the family's relative. And it's terrible. it's very, very difficult."
He said his client's mental health issues, which include a diagnosis of paranoid schizophrenia, may have influenced his actions the day he killed Fetherolf.
"I certainly don't want to say anything to cause the (Fetherolf) family any harm but there were facts and circumstances that led to this altercation and unfortunately, Benny reacted the wrong way," he said.
However, he said Mendez was remorseful and agreed to enter a guilty plea to accept responsibility for his actions. He said the plea deal also removed the risk of facing a lengthier sentence had the case been brought to a jury.
This article originally appeared on Lubbock Avalanche-Journal: Man sentenced for 2015 beating death at abandoned Lubbock apartments
