10-year-old killed in drive-by shooting was victim of brother's gang rivalry, police say

SAN ANTONIO – Police on Friday made a second arrest in the murder of a 10-year-old girl who was killed in a drive-by shooting on Thanksgiving Day.

According to police, Jasmine Cary, 19, was with Cody Gann, 18, during a drive-by shooting that resulted in the death of 10-year-old Delilah Hernandez.

Hernandez was at her home in the 200 block of Harwood watching TV in her bedroom when police say Cary and Gann opened fire on the home.

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At least one of the shots hit Hernandez in the chest, killing her, police say.

Gann was arrested days later and charged with Hernandez's murder. Cary was also arrested at the time on an outstanding warrant and was charged with evading arrest. 

San Antonio police Chief William McManus said the pair had been having an ongoing dispute with the victim's older brother.

According to the affidavit, Hernandez's older brother is a documented member of the Bloods gang, a rival to Gann's gang, and had also been romantically involved with Cary, who was dating Gann.

Hernandez's older brother told police immediately after the shooting that while he didn't see who opened fire on his house, he knew Gann was involved because Gann's house had been shot at and Cary's house had also been shot at that morning and suspected it was in retaliation. He said that Gann had messaged him through an app, threatening that "Today is the day," the affidavit said. 

According to the affidavit, a tipster came forward to say that Hernandez's brother was responsible for the drive-by shootings at Cary's and Gann's home and that the shooting that claimed the life of Hernandez was a retaliation shooting.

Authorities interviewed a man who claimed he was Gann's father, and the man told investigators, "The blame for the child's murder should be directed at her brother."

Shortly after their arrests, McManus said that Hernandez's death was caused by her brother's gang affiliation.

"It was a terrible, terrible tragedy that this little girl was killed in gang violence that we believe her brother brought home with him," McManus said at the time following their arrests.

Cary told investigators that she was with Gann during the timeframe the murder occurred, but stressed that they didn't shoot anyone, and instead were making drug deliveries.

When investigators searched a vehicle believed to have been involved in the shooting, they located a spent casing that matched the spent shell casings found at the scene of Hernandez's murder, the affidavit said. Authorities said they also found gunshot residue in the vehicle.

Cary is charged with murder, a first-degree felony.