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Family Of Dead Baby Seeks $7 Million From Luna County

by daisy

DEMMING, NEW MEXICO – The family of a baby killed in a tragic car crash involving a Luna County Sheriff’s patrol unit has reached a $7 million settlement with Luna County. Isabella Hernandez, mother of the 14-month-old victim Wyatt Franzoy, announced the settlement at a press conference on Thursday, joined by her attorney Daisy Chaparro Cavazos of Tawney, Acosta & Chaparro P.C.

The accident, which took place over a year ago on November 11, 2023, left the family grieving and seeking justice. The settlement marks a significant moment in their legal battle, acknowledging Luna County’s responsibility for Wyatt’s death and sparking broader calls for accountability within the Luna County Sheriff’s Department.

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High-Speed Collision on Columbus Road

On that fateful evening, Hernandez and her son Wyatt were traveling on New Mexico State Road 11, known locally as Columbus Road, when their car was struck by a patrol unit driven by then-Deputy Paul Garcia. According to Attorney Cavazos, Deputy Garcia, responding to a reported robbery in progress, was allegedly speeding over 130 mph and attempting an illegal pass in a no-passing zone. Garcia’s vehicle, reportedly on the wrong side of the road, collided with Hernandez’s car just as she was making a left turn.

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The impact was catastrophic, sending the vehicle hurtling nearly 200 feet before it stopped after hitting a residential fence. Wyatt Franzoy’s life was cut tragically short, and his mother, Isabella Hernandez, was left with severe physical and emotional scars.

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Luna County Acknowledges Responsibility Through Settlement

The $7 million settlement represents more than just compensation; it is Luna County’s acknowledgment of its accountability in the tragic accident. Cavazos stated that the settlement signifies the county’s recognition of negligence and signals a need for policy changes to prevent future tragedies.

“Luna County is admitting responsibility for baby Wyatt’s tragic death,” Cavazos said. “While no amount of money can bring Wyatt back, this settlement marks a step toward justice for the family and accountability for those responsible.”

The family hopes that Wyatt’s death will serve as a catalyst for reform within the Luna County Sheriff’s Department, particularly concerning hiring practices, training standards, and supervision.

Deputy Garcia’s Troubled Record: Calls for Accountability in Hiring and Training

The family’s attorney highlighted concerning details about former Deputy Paul Garcia’s history, raising questions about his fitness for duty. Garcia’s record, Cavazos noted, included multiple past incidents of reckless behavior, including driving under the influence, careless driving, and even child abuse charges. Despite this documented history, he was hired by the Luna County Sheriff’s Department, a decision that has left the family questioning the department’s hiring and oversight processes.

“Deputy Garcia had a documented history of reckless behavior, yet he was still hired, inadequately trained, and permitted to serve as an officer of the law with a badge from the Luna County Sheriff’s Department,” said Cavazos. “This tragedy could have been prevented with proper oversight.”

The family is now urging Luna County to review its hiring, training, and supervision protocols to ensure that individuals with similar histories are not placed in positions of public trust and authority.

Calls for Systemic Change and Enhanced Safety Standards

Beyond the immediate implications of the settlement, Wyatt’s family hopes that the case will inspire systemic changes within the Luna County Sheriff’s Department and potentially influence policies across other law enforcement agencies.

“Our pursuit for justice is not over,” Cavazos said. “This settlement is just the beginning. We demand thorough investigations into hiring practices, as well as better training and oversight to ensure public safety.”

With the acknowledgment of responsibility from Luna County, Wyatt’s family aims to bring about changes that would prevent similar tragedies from occurring in the future. The family wants to see improved screening processes for hiring, especially for those with past incidents of dangerous behavior or abuse, as well as a greater emphasis on accountability and adequate training within the department.

Criminal Proceedings Await Deputy Garcia

In addition to the civil settlement, former Deputy Paul Garcia is set to face criminal charges. He is scheduled to stand trial in August 2025, where he will face charges of vehicular homicide and reckless driving resulting in great bodily injury.

The criminal case could lead to further accountability measures and provide the family with additional avenues for justice. The charges carry serious implications, and a conviction could underscore the need for more stringent standards in law enforcement.

The family’s lawyer, Cavazos, stated that they will be monitoring the criminal proceedings closely and will continue to advocate for justice on Wyatt’s behalf.

A Mother’s Pain: Seeking Justice for Wyatt

Isabella Hernandez, still grappling with the physical and emotional scars left by the accident, expressed her profound grief and sense of loss. She described the daily struggles she endures, coping with both physical pain and the anguish of losing her child.

“Deputy Paul Garcia not only took my son but continues to take from me every day,” Hernandez said. “I’m stuck in a cycle of doctor’s appointments and medical treatments just to deal with the physical pain left behind. The pain in my body mirrors the pain in my heart.”

Hernandez’s heartbreaking words capture the devastating impact of the crash on her life. Her testimony reflects the ongoing struggle for justice and the hope that her son’s death will prevent similar tragedies in the future.

Community Reaction and the Push for Reform

The tragic accident and the resulting settlement have sparked widespread discussions within the Luna County community about law enforcement practices, oversight, and accountability. Many community members have expressed their support for Hernandez and her family, urging local officials to enact reforms in response to the incident.

Several advocacy groups have also voiced their support, calling for stronger policies that emphasize accountability and thorough background checks for those in positions of authority. Community leaders hope that the case will bring about meaningful changes that enhance public safety and restore trust in local law enforcement.

The Road Ahead: Working Towards Justice and Change

As the criminal case against Deputy Garcia moves forward and the family continues to seek justice, their hope remains that the tragedy of Wyatt’s death will lead to substantial improvements in law enforcement practices. The $7 million settlement serves as a milestone in their journey, but the family and their legal team are committed to seeing further actions taken to ensure that law enforcement officers meet the highest standards of conduct and accountability.

The case has prompted important discussions about the role of law enforcement, the responsibility of hiring and training processes, and the need for systemic reforms. For Wyatt’s family, the settlement and upcoming criminal trial are steps in a longer journey toward justice and closure.

As Luna County reflects on this tragic incident, community members and advocates will be watching closely to see if the department implements the changes necessary to prevent future incidents and uphold public trust.

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