A man who killed an unborn child in an automobile accident that resulted from him driving while intoxicated has been found guilty of homicide. The baby in the case lived for just one minute after doctors tried to save the child.
The mother in the case was headed to her baby shower at the time.
From a local news report:
Ramon Hernandez was found guilty today of vehicular homicide but was found not guilty of DWI in an accident that resulted in a stillborn birth.
Zach and Aileen Smith, who was 7 months pregnant with her baby Dimitri, were traveling through northern New Mexico in June of 2012 on their way to San Diego for their baby shower when their vehicle was hit. 43 year-old Ramon Hernandez of Las Vegas, NM pleaded not guilty to vehicular homicide and a felony DWI charge stemming from the accident. State Motor Vehicle Division records show that he had at least four prior DWI convictions, and his license was revoked when the crash with the Smiths took place.
Hernandez was found guilty of homicide by vehicle by reckless driving, great bodily harm by vehicle by reckless driving, and reckless driving. Hernandez was found not guilty of DWI.
Hernandez will be sent for a 60-day diagnostic evaluation, with a sentencing date still to be determined.
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