BAKERSFIELD, Calif. (KERO) \u2014 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.<\/p>\n
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.<\/p>\n
Police say Hernandez\u2019s one-year-old son, Amillio, was found dead in the vehicle, while his two-year-old brother, Mateo Gutierrez, survived. <\/p>\n
A mistrial was declared on two serious counts, including murder, and prosecutors have not yet decided whether the case will be retried.<\/p>\n
\u201cThere is some additional timing needed for further evaluation,\u201d Judge Brehmer said, referring to whether a resolution can be reached on the remaining charges.<\/p>\n
Outside the courtroom, family members and supporters gathered, calling for justice for Amillio and accountability for what they say was a preventable tragedy.<\/p>\n
\u201cAmillio was always happy and smiling. He loved everybody,\u201d said his grandmother, Katie Martinez. \u201cWhen he walked into a room, he just lit it up. We miss him so much.\u201d<\/p>\n
Martinez said she believes Hernandez should remain behind bars and face the consequences of her actions.<\/p>\n
\u201cI don\u2019t think she should be out. I don\u2019t think she should get away with what she did,\u201d Martinez said. \u201cThis wasn\u2019t a mistake it was her actions that caused his death.\u201d<\/p>\n
Meanwhile, Rosendo Gutierrez, the children\u2019s father, remains in jail. <\/p>\n
Speaking by phone with 23ABC, he described the pain of being separated from his surviving son.<\/p>\n
\u201cHearing from my mom and not knowing anything it kills me,\u201d Gutierrez said. \u201cNot being able to see my son. I just wish I could be out there to bring him home.\u201d<\/p>\n
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.<\/p>\n
\u201cI know he\u2019s suffering. He doesn\u2019t understand what\u2019s happening,\u201d Martinez said. \u201cHe\u2019s been placed with a family member, and it\u2019s been hard. I think he just wants his mom and dad.\u201d<\/p>\n
The next court hearing for Maya Hernandez is scheduled for February 3.<\/p>\n
Stay in Touch with Us Anytime, Anywhere:<\/p>\n","protected":false},"excerpt":{"rendered":"BAKERSFIELD, Calif. (KERO) \u2014 A Kern County Superior Court judge said Monday that additional time is needed to…\n","protected":false},"author":2,"featured_media":131006,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[151,155,153,152,162],"class_list":{"0":"post-131005","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-bakersfield","8":"tag-bakersfield","9":"tag-bakersfield-downtown","10":"tag-bakersfield-headlines","11":"tag-bakersfield-news","12":"tag-kern-county-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/131005","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=131005"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/131005\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/131006"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=131005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=131005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=131005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}