The family of the baby killed in a crash is holding Luna County responsible for a $7 million settlement

DEMING, N.M. (KFOX14/CBS4) — The parents of the baby killed in a car crash involving a Luna County Sheriff’s patrol unit received a multi-million dollar settlement from the county.

On Thursday, Isabella Hernandez, the mother of 14-month-old Wyatt Franzoy, along with attorney Daisy Chaparro Cavazos of Tawney, Acosta & Chaparro PC, held a press conference to announce that Luna County settled a civil suit awarding them $7 million.

This was not an accident,” Chaparro Cavazos said. “This was the result of reckless, dangerous and completely avoidable actions.

The crash that killed baby Wyatt happened just over a year ago, on November 11, 2023, in Deming.

According to attorney Chaparro Cavazos, Hernandez and her baby were driving on New Mexico State Road 11 (also known as Columbus Road) on their way home, then former Deputy Paul Garcia – who was allegedly driving a patrol unit at a speed of more than 130 mph u – crashed into Hernandez’s car. .

Hernandez was reportedly turning left when the patrol unit – which was driving the wrong way and trying to pass the Nissan in a ‘no pass’ zone – crashed into the car, causing it to spin until it stopped 200 feet away and was stopped by a house. fence.

Garcia was reportedly speeding while responding to reports of a “robbery in progress.”

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Chaparro Cavazos said the settlement means Luna County admits responsibility for baby Wyatt’s tragic death.

Additionally, baby Wyatt’s family hopes the tragedy can serve as a basis to hold the Luna County Sheriff’s Department accountable for who they hired, claiming the former deputy, Garcia, had a checkered history.

“Deputy Garcia had a documented history of reckless behavior, including prior charges for DWIs, careless driving and even child abuse,” Chaparro Cavazos said. “Yet, despite this record, he was hired and trained, or rather undertrained, and allowed to wear a badge with the Luna County Sheriff’s Department.”

The family wants to see a change in law enforcement hiring, training and supervision processes to prevent future tragedies.

“Our pursuit of justice is not over,” Chaparro Cavazos said, adding that Garcia faces criminal charges and will appear in court in August 2025.

Garcia is reportedly charged with vehicular homicide and reckless driving causing serious bodily injury.

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

If we expect our law enforcement to be the best and to act in the best interests of the public, then we as a society must hold them accountable to these high standards.

During the press conference, a video featuring a collection of photos of baby Wyatt featured the hashtag #JusticeForWyatt.

In the video below, Hernandez shows how she has been tending baby Wyatt’s room since the crash:

In another video, Hernandez stands at the memorial dedicated to Wyatt:

Below you can watch the Luna County Commissioners meeting where the $7 million settlement was approved: