Twice-deported immigrant convicted of killing man

WASHINGTON (Map, News) - An illegal immigrant who twice had been deported from the United States was convicted Tuesday of the brutal beating death of an employee of a historic restaurant near the White House.

A D.C. Superior Court jury found Hernan Melendez, 17, guilty of second-degree murder, assault with a dangerous weapon and possession of a prohibited weapon.

Melendez, of Honduras, faces more than 50 years in prison but will likely be sentenced to between 13 1/2 years and 29 years under sentencing guidelines.

At about 2 a.m. Jan. 28, 2007, Melendez and two friends got into an argument with Andres Benitez near the Old Ebbitt Grill where Benitez worked as a dishwasher, prosecutors said.

Benitez retrieved a baseball bat and swung at the group, but the three men rushed him to the ground and started kicking him.

As Benitez lay on the ground, Melendez grabbed the bat and hit Benitez as many as 10 times until a bystander tried to break things up, authorities said.

Melendez struck the Good Samaritan in the head and resumed his attack on Benitez, pounding him five more times, authorities said.

Two security guards who witnessed the attack chased Melendez and caught up to him at a nearby apartment building. Melendez still had the bat in his hand, court documents said.

Benitez died at the scene. His skull was crushed.

Authorities said Melendez was in the country illegally. He told authorities that he had only been in the area eight days at the time of the incident. Melendez had unlawfully entered the United States twice in 2003 and had been deported each time.

Benitez was from El Salvador. In light of his death, his immigration status was never established, authorities said.

After initially telling authorities that he was 21, Melendez then asserted that he was 16 and challenged the propriety of being charged with murder as an adult. The challenges were eventually rejected by the court.

smccabe@dcexaminer.com

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