New charges have been filed in the case against a 20-year-old California mother whose child lost his life after she left him in a hot car while she got a lip filler treatment.
Prosecutors are now charging Maya Hernandez with m*rder for the passing of her 1-year-old son.
Additional information from witnesses is also coming to light, but Hernandez’s lawyer asked that the public remain open-minded.
Highlights
- Maya Hernandez, the 20-year-old California woman who left her children in a hot car while she got lip filler treatment, is now charged with m*rder.
- Hernandez’s lawyer said his client was not aware that her car’s AC unit would turn off after one hour.
- Hernandez’s case has drawn massive public scrutiny, with people saying she deserves whatever punishment she gets.
Trigger warning: This article contains details that may be distressing to some.
Maya Hernandez is now being charged with m*rder after leaving her kids in a sweltering car
Image credits: Katie Martinez / Facebook
Image credits: Katie Martinez / Facebook
According to various media reports, Maya Hernandez appeared in court earlier this week as prosecutors presented new charges.
Previously, she had been charged with manslaughter, but in the days since her June arrest, the Kern County District Attorney’s office has changed the charges to m*rder.
Image credits: KGET News / YouTube
Media say that in the motion to amend the charges, prosecutor Stephanie Taconi said that Hernandez “did unlawfully, and with malice aforethought m*rder the toddler.”
Hernandez remains in custody on a one-million-dollar bond.
Her next court appearance is scheduled for July 24, when she will be re-arraigned on the new charges in a case that has gripped the internet.
Her 1-year-old had a temperature of 107º F/ 41°C after being in a hot car for two hours
Image credits: KGET News / YouTube
It happened on a Sunday morning in June.
She initially contacted the spa to ask if she could bring her children, to which an esthetician replied that she could bring them if she “didn’t mind them waiting in the waiting room.”
Instead, Hernandez left her 1-year-old, Amillio Gutierrez, and his 2-year-old brother in her 2022 Toyota sedan.
Image credits: KGET News / YouTube
Hernandez later told police that she left the car’s air conditioning running, and snacks and drinks for the boys. They were both belted into their car seats.
Due to a backlog on that day, the spa was running late. Hernandez ended up staying in the facility for about two hours for a procedure that normally takes just 15 minutes.
When she returned to her car, the 1-year-old was seizing and red, and was foaming at the mouth, reports say.
The 2-year-old was lethargic. Hernandez brought the 1-year-old into the spa, and a worker helped cool the other child.
Image credits: KGET News / YouTube
Police arrived shortly later and rushed the children to the hospital.
The 1-year-old had a body temperature of 107 degrees Fahrenheit (41 degrees Celsius). He lost his life about 40 minutes after arriving at the hospital.
The 2-year-old survived and was placed in protective custody.
“The cops thought we were the parents”: Witness describes scene when police arrived
Image credits: Maya Hernandez / Facebook
One witness’s account of Hernandez’s behavior was shared with a local TV station.
According to ABC affiliate, 23 Bakersfield, Ian Bleu was inside the spa with his dog and a friend at the time of the incident.
He said that Hernandez mentioned having children but never disclosed they were in the vehicle outside.
Image credits: Maya Hernandez / Facebook
The news story also said that Bleu said Hernandez “appeared emotionally detached” as emergency crews attempted to revive her baby.
“She didn’t even look like she cared,” the story quoted Bleu as saying. “We were about to cry, and the cops thought we were the parents,” he continued.
“Not a lot of people are aware”: Hernandez’s lawyer highlights the car’s automatic AC shutoff
Image credits: Katie Martinez / Facebook
Image credits: 23ABC News | KERO / YouTube
But during her court appearance this week, Hernandez’s defense attorney Teryl D. Wakeman urged people not to jump to conclusions.
“She’s barely 20. And a charge is not a fact — it’s a charge,” 23 quoted Wakeman as saying. “You would want someone to look into all the aspects of the case — medical, mental health, background — before deciding.”
Wakeman also brought up Hernandez’s age, saying that a person’s brain development continues well into their 20s.
Image credits: Katie Martinez / Facebook
And then there’s the car.
Media have reported that mechanics have said that the make and model of Hernandez’s vehicle has an automatic shutoff system that turns off the AC after one hour.
Wakeman was quick to point that out in court.
Image credits: ABC30 Action News / YouTube
"I think the judge noted that not a lot of people are aware that when cars are left with the engine running, that at some point they turn off. I think not a lot of people know that," Wakeman said at the hearing.
"In this particular case, I don't think that Miss Hernandez is a m*rderer, I think she was negligent, I think she made a difficult parenting choice, but I don't think she's a m*rderer, I think this is negligence at most," Wakeman said.
Members of the public say Hernandez should be prosecuted to the fullest
