For the first time, the parents of a little boy involved in a terrible North County crash are speaking out about the accident.
His mother, Allie Fomon said, “We've had some issue of him waking up at night or from naps, crying hysterically or screaming, which was behavior he never exhibited before. But overall I would say he is doing really well.”
Life for Allie and Brad Fomon changed forever on February 1, 2013. Their nanny, Monserrat Mendez, whom they called "Monse" strapped their son Bryan into his stroller
“They were like best friends, they were honestly best friends,” recalled Brad.
Monse and Bryan went on their usual walk, around the Fomon's Santaluz neighborhood. They were crossing Camino Del Sur at Via Verrazzano, when suddenly they were hit by an SUV.
A friend called Allie and told her there had been a terrible accident, so Allie went to the intersection.
Allie said, “Right in the middle of the intersection was Bryan's blanket that Bryan's aunt had given him. And I just knew right then… it was like getting hit in the stomach. I knew it was Bryan.”
Police at first told her Bryan was okay, and that they'd taken him to Rady Children's Hospital just as a precaution.
But, when Allie and Brad got there, they found out it was much worse.
“It was very, very scary,” said Brad. “I remember breaking down, because I thought I was going to lose my son.”
Among Bryan’s injuries: A shattered spleen, broken ribs, fractured femur and skull.
Things got even worse for the Fomons.
Allie said, “I remember the moment we learned that afternoon that Monse had passed away. I was in shock. I remember Brad and I together just crumbled and fell to pieces at that moment it became very real, the magnitude of this accident.”
Christine Padilla was behind the wheel of the SUV that hit Bryan and Monse. The new mom had given birth the day before the accident.
She pleaded guilty to misdemeanor vehicular manslaughter, running a red light and failure to yield at crosswalk.
According to a police report, Padilla admitted to officers she was sleep deprived.
“You have a woman who died at the scene, you have a toddler that was almost killed. You would have thought toxicology would have been done. If for no other reason than to rule out the possibility of alcohol or drugs in the system,” said Allie.
Law enforcement officers say toxicology tests are not required by law, even when there's a fatality. An officer at the scene evaluated Padilla for DUI and determined she had not been drinking.
Padilla will be sentenced June 7, where the consequences range from no jail time to up to a year in custody.
“What we would like to see is accountability on behalf of the driver and we would like to see some justice not only for Bryan, bust especially for Monse,” said Brad.
The nanny's family has filed a civil suit against Christine Padilla and her husband Jeff.
The Fomons won't say if they'll do the same, but say Monse's two surviving children deserve financial compensation for their loss.
NBC7 reached out to the Padilla's for comment, but our messages were not returned.
Meantime, the Fomons have been focusing on their son's recovery. He came home with casts on his arm and leg and still sees a doctor.
The Fomon’s have also been reunited with a woman they call “a hero.” Jennifer Ferguson was the first to arrive on scene after the accident when she helped pull Bryan to safety. The Fomon's call her one of Bryan's "angels" and say she will be a life-long friend.
Allie also gave birth to a daughter, just 11 days after the accident.
They consider themselves fortunate and despite everything, Allie and Brad are grateful, especially to those they don't know.
“We just wanted to thank everyone in the community. People that we can't look in the face or contact directly and say thank you for all the love and support,” Allie said. “We truly believe the prayers are what helped Bryan recover and heal the way he has.”
Editor’s Note: NBC 7 reporter Mari Payton knows the Fomon family and was able to interview them for this story.