Woman Pardoned for Capitol Riot Gets 10 Years for Fatal DWI Crash

UNION, Mo. — Emily Hernandez, a Franklin County woman previously pardoned for her involvement in the Jan. 6 Capitol riot, was sentenced Wednesday to 10 years in prison for a fatal drunk driving crash that occurred on Jan. 5, 2022. Hernandez, who had a blood-alcohol concentration of .125, drove the wrong way on Interstate 44 for several miles before colliding with a vehicle carrying Victoria and Ryan Wilson, a couple celebrating their 15th wedding anniversary.

Victoria Wilson, 32, died in the crash, while Ryan Wilson sustained serious injuries. The couple, parents to two children now aged 18 and 13, had just left dinner when the collision occurred. Hernandez pleaded guilty on Nov. 5, 2024, to charges of DWI causing death and DWI causing serious physical injury.

In court, Ryan Wilson described the aftermath of the crash, stating, “No matter how loud I cried out to her, I couldn’t wake her. I couldn’t reach her because of the airbags.” Victoria’s mother, Tonie Donaldson, shared her grief, saying, “When I lost Vickie, I lost a part of me. It’s the first thing I think about in the morning and the last thing I think about each night.”

Hernandez, who had no prior criminal history, expressed remorse during the sentencing, calling her actions “ungodly” and stating, “I feel like it should not have been her, it should have been me. She had a family and I was lost at the time.” Her defense attorney requested a lighter sentence of 120 days in jail followed by probation, citing her lack of prior offenses and her aspirations to serve her community as a police officer or paramedic. However, Franklin County Judge Ryan Helfrich rejected the plea, sentencing Hernandez to 10 years for the fatal crash and seven years for the injuries caused, to be served concurrently.

Hernandez had previously served 30 days in federal prison for her role in the Capitol riot, where she was photographed holding a stolen nameplate belonging to former House Speaker Nancy Pelosi. She was pardoned for that offense just days before the fatal crash. Victoria’s family, including her niece Desirae Raymo, expressed their ongoing pain, with Raymo stating, “She chose her actions that night and she chose wrong over and over again. I don’t feel any amount of time she will serve will bring her back.”

Hernandez’s defense highlighted her mental health struggles and the hate mail and threats she received following the crash. She underwent counseling and remained on a restrictive pre-trial bond for 1,031 days without violations. Despite her remorse, Judge Helfrich emphasized that probation was not appropriate given the severity of the incident.