Civil lawsuit in death of 14-month-old boy hit by Luna County Sheriff’s Office Corporal’s car

Update (November 13, 2024): Franzoy's family filed a civil lawsuit in the crash.

The family will hold a news conference with their attorneys tomorrow to address "next steps and the decision by Luna County regarding the civil suit."

Franzoy's family is represented by Tawney, Acosta & Chaparro P.C.

DEMING, New Mexico (KVIA) -- A Luna County Sheriff's Corporal is being charged with vehicular homicide Wednesday for his role in a crash in Deming that killed a 14-month-old boy.

The crash happened back on the morning of November, 11th at the intersection of Columbus Road and Voorhies Road.

According to court documents obtained by ABC-7, Corporal Paul Garcia is being charged with vehicular homicide and great bodily injury, both by reckless driving.

New Mexico State Police investigators say Garcia t-boned Isabella Hernandez's car at 99 miles an hour on the way to a robbery call, severely injuring her, and killing her 14-month-old son Wyatt.

Dash cam video shows Garcia hit speeds of up to 131 miles per hour just before the crash.

Hernandez, Wyatt's father William Franzoy, and their lawyer held a press conference in El Paso this morning to address the charges.

"Wyatt was my whole world, and now my life will never be the same because of Officer Paul Garcia, and his recklessness," said Hernandez.

"As a law enforcement officer, his responsibility is to protect people, but he killed my baby. He ripped Wyatt away from my whole family, I'm heartbroken and angry. This is something me and my family will never recover from," she added.

Franzoy said "It's the worst feeling in the world when you hug your child for the last time and they're ice cold."

Attorney Daisy Chaparro said during the conference that they are evaluating suing for damages as well.

"While the charges are certainly appropriate, he has not been held accountable for his actions," said Chaparro.

She also addressed why it took six months for criminal charges to be filed.

"Our understanding is that there's a conflict of interest within Deming," said Chaparro.

"It's a very small community, and as a result, that consideration had to be shipped out to the Alamogordo District Attorney who has now made the decision to charge Paul Garcia criminally," she added.

Luna County Manager Chris Brice confirmed to ABC-7 that Corporal Garcia has been placed on administrative leave, but wouldn't comment further.