A jury reached a partial verdict in connection with Maya Hernandez, a California mother who left her son inside a hot car while she visited a Bakersfield spa.
According to KBAK, a Kern County jury convicted Hernandez on two counts of child endangerment Thursday. They deadlocked on second-degree murder and involuntary manslaughter.
The jurors questioned “implied malice” in connection with the murder charge. Under California Code, Penal Code – PEN § 188, implied malice means the “deliberate intention to unlawfully take away” a life.
As CrimeOnline previously reported, Hernandez went for a lip filler procedure at Always Beautiful Med Spa on June 29, leaving Amillio and his 2-year-old brother inside her vehicle.
Hours later, she returned to her vehicle to find both children unresponsive.
She told detectives she left them sleeping, with the air conditioner on, and thought they would be safe. However, the vehicle, a 2022 Toyota Corolla Hybrid, shuts off after an hour of inactivity.
Deputy District Attorney Stephanie Taconi questioned the defendant about declining to leave the children inside a child-friendly waiting room at the spa. Taconi pointed out text messages between Hernandez and a spa employee, who told her the children could wait in the area while she had the procedure done.
Taconi also pointed out that Hernandez left her keys inside the car with the children, who could have choked on them. The car could have also been stolen.
The prosecution said Amilio had a 107.2 degrees when he arrived at an area hospital, where he was pronounced dead. The other child had a temperature of 99 degrees, but survived.
The defense challenged the murder charge, but previously said the manslaughter and cruelty to children charges would be accepted.
On Thursday, the judge ruled that since the jury deadlocked on the murder charge, a mistrial would be declared for both murder and manslaughter.
A status hearing has been set for January 12. During the hearing, it will be decided whether Hernandez will be retried for murder and manslaughter.
Check back for updates.
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[Feature Photo: Amillio Gutierrez/Family Handout]