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BAKERSFIELD, Calif. (KGET) — The 1-year-old boy who died Sunday after his mother left him in a car while she received a facial treatment had a body temperature of 107 degrees, according to newly released court documents.
Amillio Gutierrez of Visalia had no pulse or other signs of life when brought to Adventist Health, according to reports filed by Bakersfield police. He was pronounced dead after staff worked on him for 40 minutes.
A 2-year-old also left in the vehicle survived. His temperature was 99 degrees when brought to the hospital and his vital signs were normal, documents said. Hospital staff said children 2 and older are able to sweat to cool themselves, something children 1 and younger typically can’t do.
The mother, Maya Hernandez, 20, has pleaded not guilty to charges of involuntary manslaughter and two counts of child cruelty. She’s being held on more than $1 million bail and is due back in court next week.
Hernandez told police she thought the children would be fine because she left her 2022 Toyota Corolla Hybrid running with the air-conditioning set to 60 degrees.
But police learned from the shop foreman at North Bakersfield Toyota that the car automatically shuts off if left in park for an hour, meaning the children were in the car with the engine off for about 90 minutes.
The temperature hit 101 degrees during that time period.
“Based on the totality of the evidence at this time it is clear that Maya Hernandez’s actions caused the death of Amillio Gutierrez,” an investigator wrote.
When police were called at about 4:45 p.m. to the 10 block of South Real Road, they found EMTs working on Amillio and Hernandez holding the 2-year-old, who had “soaking wet” hair and appeared lethargic, according to the documents.
Hernandez said she entered Always Beautiful Med Spa around 2 p.m. for a lip filler injection. She said she left the children in the backseat with crackers, candy and milk, her cellphone angled so they could watch TV.
“(Hernandez) stated she was certain that her car would stay on with the air conditioning running the whole time she was gone, because she had been in her car for extended periods of time before and had even slept in her car,” an investigator wrote.
When her procedure was finished and she returned to the car, Hernandez told police, Amillio was red. She said she wasn’t concerned at first — he gets red easily — but then he had a seizure. She called 911 and asked spa staff for help.
The reports say Hernandez had been told her children could wait inside while her treatment was performed. It appears from the documents that staff and other patrons weren’t aware her children had been left in a vehicle.
The woman who performed the lip injection told police Hernandez texted her that morning asking if she could bring her kids.
“Sure if you don’t mind them waiting in the waiting room Hun,” the woman wrote back.
Hernandez didn’t respond, according to the documents.
When questioned by police, Hernandez acknowledged she’d been told she could bring her kids inside.
An investigator wrote, “(Hernandez) admitted she knew that her actions were irresponsible and that she considered that when she was getting out of the car, but she intentionally left them in the vehicle regardless, placing the value of her appearance over the value of the safety and well-being of her children.”