Mom’s Son Died in Hot Car During Her Liquid BBL Appointment, Jury Couldn’t Decide if It’s Murder
The Tragic Incident
On June 29, 2025, 20-year-old Maya Hernandez left her two young sons, one-year-old Amillio Gutierrez and his two-year-old brother, strapped in their car seats outside a medical spa in Bakersfield, California. Hernandez was getting a liquid Brazilian butt lift (BBL) at the Always Beautiful Medical Spa while temperatures outside reached 101 degrees Fahrenheit.
A liquid BBL is a non-surgical cosmetic procedure in which dermal fillers or biostimulators are injected into the buttocks to add volume and shape, unlike a traditional BBL, which uses fat transfer from liposuction. The procedure typically takes 15-30 minutes with minimal downtime, which aligns with testimony that Hernandez’s appointment lasted only 15 to 20 minutes.
The children were left in the car for more than two hours. The two-year-old survived, but Amillio died after being hospitalized with a body temperature of 107 degrees.
What Hernandez Told Police
According to arrest documents, Hernandez told police she left the car running with the air conditioning on, but investigators found the vehicle was warm when they arrived and later learned it had an automatic shut-off feature that turns the engine off after one hour. Authorities estimate the children were left without air conditioning for at least 90 minutes.
She said she left them with crackers, candy and milk, and her cellphone so they could be entertained.
A Bakersfield police report said Hernandez “admitted that it was irresponsible to leave her kids in the car, and she thought about it when she got out of the car, but had no justification as to why she left them”.
The Permission She Had
A nurse at the spa, Harmony Pacheco, told police that Hernandez had asked in advance if she could bring her children to the procedure and was told she could leave them in the waiting room, but Hernandez did not mention having them with her when she arrived. The appointment reportedly lasted only 15 to 20 minutes.
Pacheco testified during the trial that after the procedure, Hernandez left to get her phone to pay. When she returned, she was carrying Amillio in her arms. “He was purple, he had foam in his mouth,” Pacheco testified. She shouted for someone to call an ambulance. A spa employee then brought the two-year-old inside, and Pacheco took him to the restroom to wet him with napkins and give him fresh water because “he looked like he was going to pass out.”
Criminal Charges
Prosecutor Stephanie Taconi filed a motion to add murder to the charges Hernandez faces, including involuntary manslaughter and two counts of child cruelty, which a judge granted after a preliminary hearing in July 2025.
Trial Outcome (December 2025)
Maya Hernandez was found guilty on two counts of child endangerment, but a mistrial was declared for murder and involuntary manslaughter charges after jurors could not reach a unanimous verdict.
Hernandez now faces sentencing on the child endangerment convictions, which carry a possible sentence of two, four or six years in prison. Attorneys are scheduled to return to court on January 12, 2026, to determine whether prosecutors will retry Hernandez on the unresolved charges.
Key Legal Arguments
During closing arguments, the prosecutor argued that Hernandez knew the dangers of leaving her children in the vehicle and chose to act anyway.
The defense argued differently. Defense attorney Teryl Wakeman stated, “The point isn’t that Maya didn’t know that leaving a kid in a hot car is risky. She did. That’s why she left the A/C on. What she didn’t know is that it would turn off. Maya thought she mitigated the risk”.
Family Response
The boys’ grandmother, Katie Martinez, expressed devastation: “They were strapped in their car seats. They couldn’t even get up to save themselves. She literally locked them in their car seats and shut their doors”.
Upcoming Court Proceedings
The hearing to determine whether Maya Hernandez will face a retrial has been postponed to February 3, 2026. This was originally scheduled for January 12, 2026.
The Decision Ahead
At the February 3rd hearing, prosecutors have the option to retry Hernandez on the murder and involuntary manslaughter counts where the jury deadlocked. Prosecutors did not immediately say whether or not they’ll seek to retry Hernandez on the murder and manslaughter charges.
Potential Outcomes
If prosecutors decide to retry the case:
* Hernandez would face a new trial on second-degree murder and involuntary manslaughter charges
* If convicted of second-degree murder, Hernandez faces a sentence of 15 years to life in prison
* A conviction for involuntary manslaughter could carry a sentence of up to four years
Regardless of retrial decision:
* Hernandez now faces sentencing on the child endangerment convictions, which carry a possible sentence of two, four or six years in prison
Public Pressure
Protesters stood outside the Kern County courthouse calling for the District Attorney to retry Maya Hernandez with murder, though their calls went unanswered as the hearing was postponed to Feb. 3, to give more time for the attorneys to discuss a re-trial.
