Judge denies resentencing for man convicted in killing of BPD Officer David Nelson

BAKERSFIELD, Calif. (KBAK/KBFX) — The Kern County District Attorney’s Office said the second-degree murder conviction was upheld and resentencing was denied for the man convicted in the killing of Bakersfield Police Officer David Nelson.

The DA’s Office said on June 24, 2026, two days before the 11th anniversary date of Officer Nelson’s death, the Judge John Lua ruled that the evidence proved “beyond a reasonable doubt” that the defendant, Julian Carlos Hernandez, was guilty of second-degree murder and denied the his petition for resentencing.

On April 5, 2018, a Kern County Jury found Hernandez guilty of charges including second-degree murder. He was sentenced to 31 years to life in prison.

California’s Senate Bill 1437 was enacted in 2019, providing relief to convicted murderers who claimed they were not major participants in their crimes and/or did not act with an express or implied intent to kill. Hernandez filed a petition for relief pursuant to this law. The court had initially denied the defendant’s resentencing petition on December 13, 2022, however the Fifth District Court of Appeal later reversed the decision and ordered the trial court to hold an evidentiary hearing, according to the DA’s office.

According to the DA’s office, at the June 24, 2026 hearing, the DA’s office argued that the evidence presented at trial “established Hernandez was the actual perpetrator who acted with implied malice.”

In a social media post, the DA’s Office said, “Furthermore, Hernandez led police on a high-speed chase with conscious disregard for human life, and he caused the death of Officer Nelson during that pursuit. The Petitioner held a grudge against BPD officers due to his belief that his wife had an affair with a BPD officer, and the Petitioner intended to use a shotgun at the end of the pursuit to have a shootout with police.”

DA Zimmer commented saying, “Resentencing petitions are now filed in nearly every felony case, consuming resources across the justice system, and most importantly, causing unnecessary harm for families who deserve closure. Preserving a conviction requires successfully defending it at every stage of the judicial process and we are pleased that the evidence presented throughout these proceedings continues to prove beyond a reasonable doubt that Hernandez is responsible for the murder of BPD Officer David Nelson.”