Suspect Charged In Banning Fast Food Restaurant Attack

BANNING, CA — A 42-year-old probationer accused of hitting a Banning police officer and shoving another as they tried to detain him for harassing a woman and her child was charged Wednesday with felony unlawful use of force on a peace officer and other offenses.

Gilbert Nicholas Hernandez Jr. of Joshua Tree was arrested Saturday following the alleged confrontation with patrol personnel, identified in court documents only as "Montes" and "Nollete."

Along with the felony count, Hernandez is charged with misdemeanor battery on a peace officer, being under the influence of a controlled substance and probation violations.

He's being held on $55,000 bail at the Robert Presley Jail in Riverside and was slated to make his initial court appearance Wednesday afternoon at the Banning Justice Center.

According to the Banning Police Department, at about 2 a.m. Saturday, Hernandez walked into the parking lot of a Jack in the Box in the 700 block of West Ramsey Street and accosted the victims, identified only as a Banning woman and her underage child.

Hernandez allegedly harassed the pair for an unspecified period, prompting the woman to call 911, police said. Authorities said patrol officers reached the location within minutes, but by that time the defendant had fled.

"He was located in the area of Eighth Street and Lincoln Street and was contacted by an officer," according to a police statement. "The male attempted to assault the officer and then ran from the location. He was eventually caught."

Hernandez remained combative, causing "an injury to one of the officers involved in the arrest," according to the statement.

The specific nature of the injury was not disclosed, but it was non-life-threatening.

Hernandez, who was not hurt, was ultimately booked into jail without further incident.

According to court records, he has a prior conviction for burglary.