BAKERSFIELD, Calif. (KERO) — Maya Hernandez accused in the death of her son that was left in a hot car, was found guilty on two counts, but a mistrial was declared for murder and involuntary manslaughter.
Hernandez was facing four charges: second-degree murder, involuntary manslaughter and two counts of child endangerment, stemming from the June 29 death of her 1-year-old son, Amillio, who prosecutors say died after being left in a hot car while Hernandez attended a cosmetic appointment. Her 2-year-old son survived.
Jurors informed Superior Court Judge Charles R. Brehmer that no amount of further deliberation would lead to a unanimous verdict on the charges of second-degree murder or involuntary manslaughter.
“Is there anything further — closing argument on a specific issue from the attorneys, any clarification of the law by me, any questions that you have of the court that you think would be of assistance in reaching a unanimous verdict?” Brehmer asked the jury.
The jurors responded that additional deliberations would be pointless, prompting the judge to declare a mistrial on the unresolved counts.
Hernandez was found guilty on on two counts of child endangerment.
In closing arguments on Tuesday, Deputy District Attorney Stephanie Taconi told jurors the case hinges on Hernandez’s knowledge and mental state at the time of the incident.
“You are going to have to ask yourselves, what did she know and when did she know it?” Taconi said.
Taconi argued that Hernandez knew the dangers of leaving her children in the vehicle and chose to act anyway.
“It's convenient, though, ladies and gentlemen, if you pay attention, that the three counts that are being conceded by the defense are counts that they cannot rebut,” Taconi said.
Defense attorneys conceded some charges but argued prosecutors failed to meet their burden on the most serious count — second-degree murder. Assistant Public Defender Teryl Wakeman said the prosecution did not prove implied malice, which requires a showing of conscious disregard for life.
The jury began deliberations Tuesday and sent several notes to the court over the following two days. Judge Brehmer offered additional closing arguments and evidence review, but jurors said no further steps would change their position.
Hernandez now faces sentencing on the child endangerment convictions, which carry a possible sentence of two, four or six years in prison.
Attorneys are scheduled to return to court Jan. 12 to determine whether prosecutors will retry Hernandez on the unresolved charges. Both the prosecution and defense declined to comment following the verdict.
Stay in Touch with Us Anytime, Anywhere:
