Sheriff's Deputy Shot On Duty Now Charged With Domestic Battery

MIAMI (CBS4) – A retired Broward Sheriff's Office Deputy who was shot in the head while on duty in 2007 was arrested Sunday after allegedly getting into a violent fight with his wife.

Maury Hernandez, 33, has been charged with domestic battery by strangulation.

According to a police report obtained by CBS4, Hernandez and his wife havebeen married for just three months and had been living together for two years. The incident stemmed from an argument about their 15-month-old son.

The report said Hernandez and his wife "argued about their son staying with his parents." They took a drive on Sunday to discuss the issue and during the argument, Hernandez reportedly "shoved her numerous times" and grabbed her by the neck, leaving bruises and scratches.

Linen, who is a Miami-Dade Police Officer, drove to her parents' home and called police.

During a court appearance on Monday, Hernandez's attorney argued that his client's injuries would have prevented him from committing the type of battery he's accused of.

"We bring into question his ability to cause said injuries in these allegations," he told the judge. He also said Hernandez is a "vulnerable decorated officer."

The judge, however, said there was probable cause for the charge and set bond at $2,500. Hernandez was advised to stay away from his wife Yvonne Lenon. He was also informed that he would only be allowed one two hour supervised visit a week with his 15-month old son at his mother's house.

As Hernandez left the Miami-Dade jail after bond was posted, a black hood was placed over his head to shield his face. His mother Rosa said, "No comment, no comment. You are great supporters," a reference to the publicity that Hernandez had received in the past.

Hernandez will face another court appearance by the end of the month.

The retired BSO deputy was shot in the head in August 2007 while on duty during a traffic stop.

His injuries required months of rehabilitation before he was eventually able to walk and talk again. At the time of his release from the hospital, many called his progress a miracle.

Former Broward Sheriff Al Lamberti offered support to Hernandez as he faces his latest ordeal.

"Maury Hernandez made a huge sacrifice to protect the residents of this county. Everything that happened to him, his whole recovery, it was a medical miracle because there is no explanation about why he even recovered," said Lamberti. "He has been an inspiration to everyone at the Broward Sheriff's Office and because of that sacrifice, I think his wife and he deserve some privacy, they deserve some space to be able to work this out as a family.

Last year, Hernandez made headlines when he shot a homeless man outside an ice cream shop in Miami Lakes. He was not acting as a law enforcement officer that time.

Police said he was with his then-fiancee, mother and children when the homeless man became aggressive and started swinging at Hernandez and approaching his family. Cops said Hernandez opened fire and the other man ended up in the hospital.

The former deputy was not criminally charged in that case.