BAKERSFIELD, Calif. (KERO) — A Kern Superior Court judge has denied a motion to dismiss a first-degree murder charge against a woman accused of leaving her two children in a hot car, resulting in the death of her 1-year-old child.
In a Wednesday morning hearing, Judge Charles Brehmer rejected arguments from Maya Hernandez's defense team that the murder allegation should be dropped before her upcoming trial.
The case stems from a June incident when police responded to a report of two children left alone inside a locked car. Hernandez's 1-year-old child died due to heat-related injuries.
During the 15-minute hearing, Deputy Public Defender Teryl Wakeman argued that Hernandez's actions didn't meet the criteria for murder because she had taken some precautions for her children.
"There were wrappers that were testified to at the preliminary hearing. There was a bottle that was there. There was a phone that was there. My point is, is that she didn't do nothing. What she did was ineffectual, but that doesn't rise to conscious disregard," Wakeman said.
Deputy District Attorney Stephanie Taconi countered that Hernandez had opportunities to prevent the tragedy but failed to act.
"She was granted permission to bring them in. She still chose to leave them in the car. She was in the medical spa for over two hours, and not one time did she go to check on her one and two year old who were left in the car. Had she even gone out every 20 to 30 minutes? This would not be in front of the court today. She did not do so because she did not care," Taconi said.
Judge Brehmer ultimately sided with the prosecution, ruling that Hernandez will stand trial for first-degree murder, involuntary manslaughter, and willful cruelty to a child.
Hernandez is scheduled to appear in court on August 29 for a readiness hearing, with the trial set to begin on September 8.
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