A Kern County judge on Wednesday refused to dismiss a murder charge against a Visalia mother accused of leaving her two young children in a hot car for hours, resulting in the death of her 1-year-old son.
Maya Hernandez, 20, faces charges of first-degree murder, involuntary manslaughter, and two counts of child cruelty, court records show.
Her attorney, Deputy Public Defender Teryl Wakeman, argued the murder charge should be dropped due to insufficient evidence. Kern County Superior Court Judge Charles Brehmer disagreed, ruling that prosecutors presented enough evidence to move forward with the case.
Prosecutors say Hernandez left her sons in her Toyota Corolla on June 29 while she went into a medical spa for a lip filler injection. Temperatures that afternoon reached 101 degrees.
The 1-year-old, Amillio Gutierrez, later died at the hospital. His 2-year-old brother survived with an elevated temperature, according to court documents.
Hernandez told investigators she left the air conditioning running, but police discovered the vehicle automatically shuts off after an hour without driver input.
Records also show a spa nurse had messaged Hernandez earlier that day, telling her she could bring her children inside. Staff and customers testified they were unaware children had been left in the vehicle.
Hernandez remains in custody on $1,080,000 bail. Her trial is scheduled to begin Sept. 8.
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