The woman accused of driving under the influence when she pulled over on a North County freeway and let her kids out of her vehicle to recover some luggage has been released on her own recognizance following a judge's ruling on Thursday.
The children were hit by a car on state Route 78 on Sunday when they exited their mother’s vehicle and stepped onto the freeway.
Sandra Ortiz, 33, of Vista had a blood-alcohol level nearly twice the legal limit, prosecutors said Thursday, when she pleaded not guilty to six counts of felony child endangerment and two DUI-related charges in connection with the deaths of 10-year-old Alan Gerardo Aguilar and 16-year-old Amy Monserrat Beltran, according to Deputy Distirct Attorney Stephanie De Jesus.
SR-78 Fatalities
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“I am able to find that there are conditions and a combination of conditions other than custody, that are going to be sufficient to both protect the public as well as the victims in this case," Judge Matthew Brower told the court on Thursday, adding later, "because I’m able to make that finding that such conditions do exist, I am going to have Ms. Ortiz released from custody. I am going to place Ms. Ortiz on supervised own recognizance release conditions. She’s going to need to sign this SOR form.”
Ortiz was released from custody but with several provisions, including a protect a protective order that prevents her from having any in-person contact with her remaining four children other than at the funeral for the two that died in the incident. She's also not allowed to drive or leave the county and must wear a bracelet that notifies authorities if she drinks alcohol.
A search of the Who's in Jail website operated by the San Diego County Sheriff's Department indicated Ortiz had been released: "The person you are searching for is not in our custody!"
Ortiz was initially arrested on suspicion of gross vehicular manslaughter while intoxicated and was in custody on $500,000 bail.
In Vista court on Thursday
Ortiz walked into the courtroom and started crying instantly and was heard saying, "My babies, my babies."
Ortiz was driving with her six children in the car unsecured without seatbelts, when luggage strapped on top became loose and fell onto the freeway, according to De Jesus. Two of the kids then got out to get the luggage and were hit instantly. According to the DA, it appears that Ortiz remained seated and did not attempt to stop her children. She also partially blocked a lane of the freeway when she pulled over, De Jesus said.
The children’s father, Miguel Aguilar, told NBC 7 he believes the kids were trying to retrieve a backpack and suitcase that flew off the car’s roof.
“I wish I could have been there," Aguilar said. "That way I could have done something. I would have been the one getting off — stop the traffic or something — instead of my children in the middle of traffic getting hit.”
Once police got to the scene, officers noticed Ortiz was slurring her words and had red watery eyes. Police tested Ortiz's blood alcohol level which resulted in a .14 two hours after the accident, according to the DA. Ortiz also did not have a valid driver's license and the DA believes Ortiz poses a risk and possible flight risk.
According to Aguilar, the family had been staying in hotels after falling on hard times. All eight members of their family had been sleeping in their GMC Yukon during the past week.
Aguilar added that he and Ortiz had been together for 13 years.
"I love her to death. I hope that one day she sees this and knows that I do love her,” Aguilar said. “And I don’t hold anything against her for the loss of our kids. It's not her fault."
Ortiz faces up to 20 years in prison if convicted on all counts.
The investigation is ongoing. Anyone with information on the case is encouraged to contact CHP’s Oceanside-area office at 760-643-3400.
Editor's note: A pervious version of this story reported Ortiz pleaded not guilty to two counts of vehicular manslaughter. Ortiz faced manslaughter charges when initially arrested but those charges were dropped.
