BAKERSFIELD, Calif. (KERO) — Before the arraignment, family members of 8-year-old Xxavien Hernandez gathered outside the Kern County courthouse, holding pictures of the young boy and calling for justice.
His mother, Stephanie Hernandez, could not contain her grief as she was comforted by her children and relatives.
Inside the courtroom, 33-year-old Andres Serna, the man accused of causing the deadly crash, faced a judge for the first time. Serna pleaded not guilty to six felony charges, including second-degree murder and gross vehicular manslaughter while intoxicated.
NATS: “¡El niño, el niño!”That was the sound that filled the air Monday afternoon at the corner of East California Avenue and Haley Street, where the crash happened around noon.
According to Bakersfield Police, Serna was driving under the influence of alcohol when he lost control of his black Nissan pickup, crashed through a fence, and struck Tony Hernandez and his 8-year-old son Xxavien, who were eating lunch near a food truck.
Tony Hernandez suffered multiple fractures and remains hospitalized. His family says he will require additional surgeries.
Xxavien’s injuries were fatal. The boy died the next day at Valley Children’s Hospital.
Family members say Xxavien had just celebrated his birthday on September 27th. He was a second-grade student at Pauly Elementary School and was remembered as a bright, loving child who brought joy to everyone around him.
Funeral services are pending.
Court records show Serna has two prior misdemeanor DUI convictions in Kern County.
This latest case, prosecutors say, could result in far more serious consequences.
Serna is represented by the public defender’s office. His next court appearance is scheduled for a later date.
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