BAKERSFIELD, Calif. (KERO) — A Kern County Superior Court judge said Monday that additional time is needed to determine whether unresolved charges against a Porterville mother can be retried, following a mistrial in a highly emotional child endangerment case.
Inside a Bakersfield courtroom, Judge Charles R. Brehmer addressed the status of the case involving Maya Hernandez, who was convicted of child endangerment after leaving her two young children inside a hot car while she underwent a cosmetic procedure in June of last year.
Police say Hernandez’s one-year-old son, Amillio, was found dead in the vehicle, while his two-year-old brother, Mateo Gutierrez, survived.
A mistrial was declared on two serious counts, including murder, and prosecutors have not yet decided whether the case will be retried.
“There is some additional timing needed for further evaluation,” Judge Brehmer said, referring to whether a resolution can be reached on the remaining charges.
Outside the courtroom, family members and supporters gathered, calling for justice for Amillio and accountability for what they say was a preventable tragedy.
“Amillio was always happy and smiling. He loved everybody,” said his grandmother, Katie Martinez. “When he walked into a room, he just lit it up. We miss him so much.”
Martinez said she believes Hernandez should remain behind bars and face the consequences of her actions.
“I don’t think she should be out. I don’t think she should get away with what she did,” Martinez said. “This wasn’t a mistake it was her actions that caused his death.”
Meanwhile, Rosendo Gutierrez, the children’s father, remains in jail.
Speaking by phone with 23ABC, he described the pain of being separated from his surviving son.
“Hearing from my mom and not knowing anything it kills me,” Gutierrez said. “Not being able to see my son. I just wish I could be out there to bring him home.”
Family members say two-year-old Mateo is currently living with relatives, but the loss of his brother and the absence of both parents have deeply affected him.
“I know he’s suffering. He doesn’t understand what’s happening,” Martinez said. “He’s been placed with a family member, and it’s been hard. I think he just wants his mom and dad.”
The next court hearing for Maya Hernandez is scheduled for February 3.
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