Trial date set in child sexual abuse case

May 10—CATLETTSBURG — The attorney for an Ashland man accused of forced sexual intercourse with a child under 12 requested a speedy trial Friday in Boyd County Circuit Court.

Gabaniel Hernandez, 41, was arrested in October 2023 after a Boyd County grand jury requested that Hernandez be formally indicted on two counts of first-degree rape and two counts of first-degree sexual assault of a child under 12 years old.

According to court documents, Hernandez is accused of forcibly raping and having sexual contact with a child beginning in June 2022.

A second indictment was filed against Hernandez last month, accusing him of two additional counts of first-degree sexual abuse, including one against a child under 12 between April 2022 and February 2023.

Due to the sensitive nature of the case, it is unclear whether another victim is involved in the second case.

On Friday, defense attorney Michael Curtis made a formal appearance on Hernandez’s behalf and announced that he had filed a motion for a speedy trial.

The speedy trial motion typically benefits the defense because it gives the court and the prosecution time to present the case to a jury within 180 days from the day the motion is granted.

Curtis acknowledged the court’s busy schedule, adding that Curtis would need further discussions with Hernandez if the proposed date “exceeds the deadline.”

Curtis and Assistant Commonwealth’s Attorney Gary Conn expect the trial to last three days.

With Hernandez facing charges in two separate cases, Boyd County Circuit Judge George Davis asked Curtis which case he would like to take on first.

“I’ll let you choose which one,” Curtis said, indicating that the two cases would not be tried at the same time.

Judge Davis scheduled the jury to convene on November 18th.

Hernandez will appear for a preliminary hearing on September 13th.

Online jail records show Hernandez is being held on a $250,000 cash bond.

The two counts of first-degree rape are Hernandez’s most serious offenses. If convicted, he could face decades in prison.

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