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A jury has delivered a partial verdict in the case of Maya Hernandez, a mother from California accused of leaving her son in a hot car while attending a spa in Bakersfield.
According to KBAK, the Kern County jury found Hernandez guilty on two counts of child endangerment, but they could not reach a consensus on charges of second-degree murder and involuntary manslaughter.
The jury’s indecision centered around the concept of “implied malice,” a term under California law which refers to the “deliberate intention to unlawfully take away” a life, as outlined in the California Penal Code – PEN § 188.
As previously reported by CrimeOnline, Hernandez visited Always Beautiful Med Spa for a lip filler treatment on June 29, leaving her children, Amillio and his 2-year-old sibling, inside her car.
Returning hours later, Hernandez discovered both children were 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.
[Feature Photo: Amillio Gutierrez/Family Handout]