Mom Accused of Leaving Babies In Car to Get Lip Filler Now Facing Murder Charge, Cries In Court

Maya Hernandez, 20, left her two young sons, Amillio Gutierrez, 1, and his 2-year-old older brother, out in the car for over two hours when she went into a med spa for a lip filler procedure, per authorities. The two children were rushed to the hospital, where Gutierrez was pronounced dead.

While Hernandez was initially arrested and arraigned on charges of child cruelty and involuntary manslaughter, the judge allowed a murder charge to be added during a court appearance on Tuesday, per KGET. She'll be arraigned on the new charge next week and remains in jail on $1 million bond.

During the hearing on Tuesday, Detective Kyle McNabb testified on the stand -- sharing details about his two interviews with Hernandez. Video from inside the hearing also shows Hernandez crying (below).

Per McNabb, via KGET, Hernandez said in his second interview with her that the boys were sleeping and she didn't want to wake them up. She allegedly admitted she knew it was hot that day and knew death was a possibility when leaving a child in a warm vehicle.

"It's not like I left them in there for them to just f--king die," McNabb claimed Hernandez told him, before reportedly he testified she told him she left the air conditioning in the car set at 60 degrees, with the keys under the driver's seat, and the vehicle unlocked.

The detective also reportedly claimed she said she left her phone in the car so the boys could watch TV, also leaving candy, cookies and bottles with them.

By the time she had returned to her boys at 4:30 p.m., Hernandez purportedly saw her one-year-old having a seizure, foaming at the mouth, and shaking, per police documents. Both boys were rushed inside the med spa as employees raced out to help Hernandez, per the legal documents. One customer reportedly rushed the two-year-old to the restroom and poured water on his body.

Police arrived on the scene at 4:45 p.m., and Gutierrez was rushed to the hospital, where doctors found he had a temperature of 107 degrees. By 5:48 p.m., after 40 minutes of attempting to resuscitate him, the young boy was pronounced dead.

His older brother, whose temperature had risen to 99 degrees, survived and was taken into child protective services.

The spa employee who reportedly attended to the two-year-old, pulling him from the vehicle, said there was no indication that the air conditioning was running, and the car was hot, per police.

Bakersfield Police Department investigators consulted an expert on the matter and learned that a 2022 Toyota Corolla Hybrid's air conditioner can shut off after one hour, per KGET. Medical personnel explained that a two-year-old can better regular their body temperature as they are able to sweat, whereas babies are not, per KERO.

Per KGET, the judge pointed out the sweat and shut off factors at the end of Tuesday's hearing, while addressing the media. The judge reportedly admitted he didn't know about either fact until this case -- and "urged the media to spread that knowledge and maybe prevent another tragedy."

During a pre-preliminary hearing on July 11, Hernandez pleaded not guilty. Following that hearing, her defense attorney, Teryl D. Wakeman, said he didn't want the public to "rush to judgment," and suggested that there could be a bigger issue at play.

He cited Hernandez's age -- and said that brain development continues into the mid-20s, per KERO.

"She's barely 20. And a charge is not a fact -- it's a charge," Wakeman said at the time. "You would want someone to look into all the aspects of the case -- medical, mental health, background -- before deciding."