Fake DTE home invasion murder suspect has 2nd bond request for health reasons denied

FOX 2 - One of the two suspects accused of posing as DTE workers in a Rochester Hills home invasion that ended in murder, will be staying in jail.

Carlos Hernandez was denied bond for a second time by the Oakland County court, even after his attorney argued based on his health issues. Hernandez and the second suspect, Joshua Zuazo, were both originally denied bond at the time of their arraignment.

Hernandez was charged with felony murder among other lesser charges, including two counts of unlawful imprisonment for his role in the Oct. 11 murder of Hussein Murray. 

This second attempt for bond was also denied, as Judge Laura Polizzi cited the danger Hernandez poses to the community, the travel risk and seriousness of the charges.

Murray, 72, was found dead in his Rochester Hills basement after police believe Hernandez was one of two men posing as DTE employees to gain entry, attack him and tie up Murray's wife.

Defense attorney Paulette Loftin said Hernandez, 37, was in need of a CPAP machine, has had blood sugar spikes requiring medical attention and has swelling in his legs which he previously had drained from time to time. Jails do allow CPAP machines to be brought in for inmates, but Hernandez's was broken during "one of the police raids" his attorney said.

"Due to those medical conditions, I am asking the court to reconsider the denial of bond," said Loftin. "I understand he has other cases in other jurisdictions. If this court sets a bond he is able to meet, he will then have to go to those jurisdictions and deal with the setting of bonds there."

Loftin said that "restrictive conditions" to a bond could be added by the court, like house arrest.

Polizzi dismissed the attempt rather quickly, echoing the argument against bond, which Andrew McGarrow, the assistant prosecutor brought up in response.

"Based upon my review of the motions and listening to both attorneys' arguments, in the interest of public safety, no bond will be set," the judge said. "This court believes that no amound of bond could be set to ensure public safety and secure Mr. Hernandez as he is a flight risk."

Related: Cousin of man killed by fake DTE workers - 'They took his life and part of our soul with him'

Polizzi brought up the cases in other jurisdictions and the fact that he has family and contacts out of state.

Joshua Zuazo, left, and Carlos Jose Hernandez

Hernandez is also being held on multiple armed robbery warrants in Ohio and was transported back from Shreveport, Louisiana where he was located and arrested.  

"In fact, in this matter he was even found out of state prior to going into custody. So for those reasons, this motion regarding bond is denied and no bond will be set."

The second suspect, Zuazo, 39, was caught after being pulled over in Plymouth.

Murray owned a jewelry store in Hamtramck, but it is unclear if this was why he was targeted.