Mom charged with manslaughter after leaving son in hot car to go to med spa
Amillio Gutierrez, a 1-year-old, and his 2-year-old brother were allegedly left strapped in their car seats in Bakersfield, Calif. on June 29 while their mother, Maya Hernandez, 20, visited Always Beautiful Med Spa, according to a police report obtained by USA TODAY.
Both children were taken to a local hospital, where the youngest child died. The older sibling was in stable condition and placed in protective custody, according to police.
The Bakersfield woman was charged with one count of involuntary manslaughter and two counts of willful cruelty to a child, according to online court records. She is being held on a bond set at just over $1 million.
Police: Mother was at medical spa while boys were in hot car
At approximately 5 p.m. on June 29, police received a call about an unresponsive child in Bakersfield, located around 110 miles northwest of Los Angeles, according to the police report. Upon arrival, authorities observed that the youngest child was unconscious, not breathing, and had a bluish discoloration around his lips while the other brother had "soaking wet" hair and "appeared lethargic," the report read. By 5:48 p.m., Amillio, the youngest, was pronounced dead.
Investigators soon spoke to Hernandez, who stated that she had left the boys in her 2022 Toyota Corolla with the air conditioner on, according to the police report. While she went into the spa, the boys were in their carseats with snacks, milk, water, and her phone propped up to watch television, Hernandez told police.
The car's air conditioner was set to 60 degrees with the fan on level 4 out of 7, but when officers consulted a car expert, they discovered that the Toyota she drove automatically shuts off after an hour of inactivity.
Authorities believe that the boys spent approximately 1½ hours in the car without air conditioning while outside temperatures ranged from 99 to 101 degrees Fahrenheit. According to a doctor who treated him, Amillio's body temperature reached 107.2°F.
Mom was told she could bring boys inside but they'd have to stay in waiting room
According to witness statements given to police, Hernandez allegedly asked the nurse performing the procedure if she could bring her children to the appointment, and was told the boys could stay in the waiting room.
Before paying, Hernandez told the nurse she had to run to her car. That's when she realized something was wrong. One of her sons looked like he was having a seizure and was "foaming at the mouth and shaking," Hernandez told police.
Hernandez returned to the spa with her child in her arms, while a customer was holding the other child. One of the children, the nurse said, "looked like he was going to have a stroke." The officers also interviewed witnesses who recalled walking by Hernandez's car, which was turned off.
'His brother will forever be without his best friend'
Katie Martinez, Amillio's grandmother on his father's side, told KFSN-TV that her son is incarcerated, and just wanted to bring her grandson's body home for a burial.
'His mom left him and his 2-year-old brother alone in her car,' Martinez wrote in a fundraiser description. 'His brother will forever be without his best friend.'
"They were strapped in their car seats,' Martinez told the outlet. 'They couldn't even get up to save themselves. She literally locked them in their car seats and shut their doors."
'Amillio was so special,' said his grandmother. 'He always had a smile no matter what. He is loved by so many, our lives will not be the same.'
Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@usatoday.com.
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