Mother, who found her 1-year-old son foaming at the mouth after she left him and his brother in a car during her medical spa appointment for over two and a half hours, is charged with murder
California – In a harrowing case in California that has drawn nationwide attention, a 21-year-old mother, identified as M. Hernandez, has now been charged with murder after leaving her two young sons inside a hot car for over two and a half hours while she underwent a cosmetic procedure at a medical spa. Her 1-year-old son, Amillio Gutierrez, tragically died from the extreme heat, and her 2-year-old son narrowly survived.
Hernandez entered a not guilty plea to the initial charges of one count of manslaughter and two counts of willful cruelty to a child, but now, she appeared in court this week, where Judge B. McNamara agreed to add a murder charge after hearing from prosecutors. This came after detailed testimony from detectives, medical professionals, and witnesses who recounted the horrifying events of June 29.
The charges stem from an incident that took place on June 29, when Hernandez brought her 1-and-2-year-old sons to a medical spa for a lip-filler appointment. According to a criminal complaint, instead of bringing the children into the building — despite having called ahead to ask whether they could accompany her — Hernandez left them inside her parked vehicle, with the windows up and the doors locked. The medical spa had responded affirmatively to her inquiry earlier that morning, reportedly allowing her to bring her children with her. Yet, investigators say Hernandez ignored that advice and chose to leave both boys strapped into their car seats.
Authorities report that temperatures that afternoon soared to 101 degrees. Though Hernandez told police she believed the children would be safe because she left the air conditioning on, experts cited in the criminal complaint explained that her vehicle is designed to automatically shut off the engine after one hour to conserve power. It is believed the car shut off while she was inside the spa, leaving the toddlers trapped in the sweltering heat. Though the cosmetic procedure itself took only about 15 to 20 minutes, employees at the spa told police that Hernandez was gone for over two and a half hours. She never checked on her children during that time.
When Hernandez returned to the vehicle at 4:30 p.m., she reportedly found the 1-year-old boy foaming at the mouth. In a desperate attempt to help, spa employees retrieved the 2-year-old from the car and tried to cool him down with water inside the building. Police were called and arrived at the scene around 4:45 p.m. The 1-year-old boy was rushed to a local hospital with a body temperature of 107 degrees, but doctors could not save him. He was pronounced dead at 5:48 p.m. His older brother survived and was placed in child protective custody after receiving medical treatment.
The tragedy deepened when Hernandez admitted during police questioning that she “knew it was irresponsible to leave her kids in the car,” and even confessed that she hesitated at the time of exiting the car but couldn’t offer any justification for her actions. In an additional tragic layer to the story, the boys’ father is currently incarcerated. He was notified of the boy’s death by a jail chaplain, according to local reports. A GoFundMe page has been set up to support funeral expenses and the surviving child’s care.
Now facing first-degree murder, manslaughter, and two counts of child cruelty, Hernandez remains in custody on a bond exceeding $1 million. Her arraignment is set for July 24. If convicted on all charges, Hernandez could face a lengthy prison sentence. Meanwhile, the community continues to reel from a death that authorities and advocates say was entirely preventable. This case serves as a grim reminder of the dangers of leaving children unattended in vehicles—especially in hot weather—and of how one poor decision can result in irreversible loss.
