BAKERSFIELD, Calif. (KERO) — While Maya Hernandez sat and chatted about Fourth of July plans with other parents, her two small children were just yards away sitting in a car that had heated to an internal temperature of 116 degrees, prosecutors argued.
The trial for Hernandez began Monday with opening statements and witness testimony. Hernandez faces charges of second degree murder, involuntary manslaughter, and child cruelty after she allegedly left her two sons inside of a car while attending a cosmetic appointment. Her 1-year-old, Amillio Gutierrez, died from heat stroke as a result, according to prosecutors.
“That is why Amillio is not here,” said Prosecutor Stephanie Taconi. “So she could work on her looks.”
During opening statements, Taconi outlines how Amillio and his brother were left the car for over 2 hours while temperatures outside reached triple-digits. Taconi told the jury that Amillio’s internal temperature at the time of his death was 107.2 degrees.
Images of Amillio shown to the jury showed him with a blue tongue and lips. Images of his brother showed the two-year-old with red skin discoloration as a result of the heat, Taconi stated.
The prosecution also explained that the procedure Hernandez was scheduled for was only 15 to 20 minutes, yet she was in the waiting area for two hours. A photo of messages allegedly between Hernandez and the spa showed that Hernandez had been given permission to bring the children into the waiting area beforehand.
“The car was running, the air conditioner was running,” said Assistant Public Defender Teryl Wakeman during his opening statements.
Wakeman said that he will concede the involuntary manslaughter and child endangerment charges, but challenges the murder charge in this case.
“Things in the business were running behind, and Ms. Hernandez stayed in the waiting room too long,” Wakeman said.
Witness testimony described the waiting area as child-friendly one, with several parents awaiting their procedures with their children. One witness said that there were at least two other children there, and at one point a mother asked Hernandez to keep an eye on her 8-year-old daughter while she went to the restroom. Witnesses also testified that Hernandez mentioned she had two small children when talking about the Fourth of July, but did not mention that they were in the car outside.
One witness testified that while at the spa, he took his service dog outside and walked near Hernandez’s car, a Toyota Corolla. He testified that the car did not appear to be running and due to the sun and reflection on the glass he did not see inside the car. The same witness also testified that he didn’t want his dog walking on the sidewalk because of how hot it felt outside.
It was around 4:33 p.m. when Hernandez went out of the building to her car, approximately two and a half hours after arriving.
“When she left that business at about 4:33 p.m., it wasn’t to go check on her children,” Taconi said. “She was going to her car to get her phone to pay for her procedure.”
Attorneys and witnesses also described both boys’ conditions when they were taken out of the car. Witnesses described Amillio as limp with blue lips, hands, and feet. The two-year-old was described as gasping for air, drenched in sweat, and with a soiled diaper. One witness testified taking the child to the restroom, putting wet napkins on him, and giving him water.
During her opening statements, Taconi explained how police recreated the scenario, monitoring the inside temperature of the car with thermometers, indicating the vehicle likely reached 116 degrees by 4:30 p.m. that day. She also explained how physicians would testify that a 1-year-old does not yet have the sweat glands, which help to regulate bodily temperature; a factor that played a role in the different outcomes of the two children.
“This is a sad case,” Wakeman said.
Wakeman told the jury that the car did not have a “black box” to indicate what happened or when the AC shut off. He explained that even if the AC was left on, police would learn later that the car shuts off after an hour if it stays in park.
He described how Hernandez had made sure the boys were fed that day, and had snacks and milk while in the car.
Court is in recess until 1:30 p.m. This article will be updated throughout the day.
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