The mother accused of driving under the influence when she pulled over on a North County freeway and let her kids out of her vehicle had a blood-alcohol level nearly twice the legal limit, prosecutors said Thursday,
Sandra Ortiz, 33, of Vista, 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.
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. If found guilty, Ortiz could spend up to 20 years behind bars.
SR-78 Fatalities
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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.
She 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 passed away. She's not allowed to drive or leave the county and must wear a bracelet that notifies authorities if she drinks alcohol.
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."
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.
