(Court Reports - Photo Illustration/MetroCreativeConnection)

MARIETTA — A Marietta man Thursday evening was sentenced to prison for involuntary manslaughter by a judge in Washington County Common Pleas Court.

Oscar Hernandez Diaz, 42, pleaded guilty and was sentenced from three to four and a half years in prison for killing Abraham Olvera.

Hernandez Diaz and his brother, Isaac Hernandez Diaz, 35, both of 300-A Dale St., Marietta, were arrested and charged with the murder of Olvera in May 2022. In February, Isaac Hernandez Diaz took a plea deal and pleaded guilty to attempted felonious assault for his involvement with the murder of Olvera.

The brothers, the Olvera family and others were hanging out in the parking lot of the Dale Street apartments where they resided when a verbal argument turned physical between Oscar Hernandez Diaz and Axel Olvera.

All families went back to their apartments after the fight broke up while the Hernandez Diaz brothers armed themselves with a katana and wooden stick and made their way to the Olvera apartment. The brothers made death threats and broke the windows of the apartment, eventually stabbing of Abraham Olvera, according to statements and testimony during the trial.

During the sentencing Thursday evening, Oscar Hernandez Diaz pleaded guilty to a bill of information that explained the consequences of him being deported upon his sentence being served. He also took an Alford plea, where the defendant concludes based on competent counsel that it is in their best interest to plead guilty, to involuntary manslaughter, a first-degree felony.

Before sentencing, both Prosecuting Attorney Nicole Coil and Defense Attorney Raymond Smith presented their last statements. They both recounted the case’s facts, story, and testimonies.

“Ten out of 12 jurors believed Oscar was not guilty of murdering Abraham Olvera,” said Smith. “Isaac Hernandez Diaz’s blood was all over the crime scene as well as the sword.”

“Isaac Hernandez Diaz was covered in blood and had significant cuts which would be consistent with someone who had been cut by broken glass,” Coil said. “Based upon the stabbing, Abraham Olvera Casimiro died from this injury, his death was the proximate result of Oscar Hernandez Diaz committing or attempting to commit the felony offense of felonious assault.”

Defendant Oscar Hernandez Diaz also had a chance to present a statement to the court prior to explanation of sentencing and gave his story of the night of the murder, which was not cohesive with testimonies previously heard during the trial.

“The argument was not over work conditions, it was over Axel asking for a cigarette, and my attorney is correct in saying it was three against one fighting, but God gave me these hands to work not fight,” said Hernandez Diaz. “We went to the apartment because Axel was breaking the windows and we were telling him to stop because the police would come find out, and the one next door saw Isaac with the sword.”

Hernandez Diaz also said that due to his head injuries from the fight previously that night, it would’ve been impossible for him to talk that night to make threats. He said the Olveras didn’t have consequences from their assault, but now he has consequences from his head injury.

“I send money back home for my family, my grandmother and my nephew depend on me,” Hernandez Diaz said. “I was happy to work in this country and I was able to help them, and now they’re going to die because I will not be able to help them.”

Judge Mark Kerenyi then explained the terms of sentencing for Hernandez Diaz. The longest minimum sentencing for involuntary manslaughter is 11 years and the longest maximum sentencing is 16 and a half years.

The attorneys and Oscar Hernandez Diaz had one last chance to make statements before the court and prior to Judge Kereyni’s sentencing.

“The jury did not see Celso and Axel shed the tears which I have seen shed, they did not see the prayer station which they keep at their home for Abraham, they did not hear that Abraham was speaking with Axel about how to propose to his girlfriend back home,” said Coil. “The constraints of the criminal justice system and the need for an interpreter sanitized this case in a way which minimalized both the sincerity of the testimony and grief which the Olvera family has endured and will continue to endure.”

“Celso and Abraham, we were friends, we shouldn’t have to be here and nobody had to die,” Hernandez Diaz said. “Thank you and God bless you all.”

Kerenyi then sentenced Oscar Hernandez Diaz from three to four and a half years in prison with two to five years controlled parole.

“There is nothing that makes this case more or less serious than the norm, and the defendant is not likely to commit future crimes,” Kerenyi said. “Previous to the crime, the defendant had a law abiding life and he has shown genuine remorse.”

Gretchen Dowler can be reached a gdowler@newsandsentinel.com