A father accused of driving while drunk and speeding, causing a violent crash that split his vehicle in half and killed his two young daughters last year, must stand trial for two counts of murder, a Lompoc Superior Court judge ruled Friday.
The preliminary hearing for Brian Hernandez Cervantes, 24, of New Cuyama on Friday occurred days shy of the first anniversary for the violent crash that killed his daughters Stella Aliyah Hernandez, 3, and Luna Alani Hernandez, 7 months old.
On Nov. 20, 2024, a California Highway Patrol officer stopped on the side of Harris Grade Road saw Hernandez Cervantes’ vehicle speeding, prompting a pursuit.
After crossing double yellow lines to pass a truck, Hernandez Cervantes continued to drive faster before losing control of his car.
His vehicle slammed into a tree, splitting the Infiniti in half, with the rear portion sideswiping another motorist and the front section ending up off the road in bushes.
Deputy Francesca Arnoldi of the Santa Barbara County Sheriff’s Office was among first responders to reach the crash scene.
“I saw just chaos,” Arnoldi said while on the witness stand. “There was a lot of debris in the roadway.”
Becoming emotional as she recalled the tragic scene, Arnoldi testified Stella remained in her carseat in the back half of the vehicle.
Deputy District Attorney Nicholas Harmon asked if the law enforcement officer was able to find any signs of life.
“I was not,” Arnoldi said.
She recalled the second girl being very tiny, but Arnoldi denied checking her pulse.
“I did not based on the obvious signs of death,” she added.
Using cellphone and other data, California Highway Patrol officers testified they had tracked Hernandez Cervantes’s actions in the hours before the crash, learning he went to a liquor store and then a tire shop in Santa Maria, drinking more than one 20-ounce Old English Malt Liquor at various times.
He and the girls later drove to Lompoc and he purchased cannabis from a business there. At one point he took a photo with his phone showing another open Old English Malt Liquor in the car’s beverage holder.
Nearly three hours after the crash, tests showed Hernandez Cervantes had a blood alcohol content of 0.097% plus THC, or the main psychoactive compound found in cannabis, in his system, according to court documents.
The speed limit for the road is 55 mph with a sign near the crash site recommending 35 mph due to a curve.
But testimony during the hearing from witnesses revealed high speeds on the narrow road with curves. The pursuing California Highway Patrol officer captured periodic radar readings showing 75 mph, 87 mph and 100 mph.
Data retrieved from the defendant’s iPhone also provided evidence of the defendant’s speed, according to testimony from a forensic specialist.
Prior to the crash, several relatives and friends had expressed concern about the man’s driving and warned him about Harris Grade Road’s history of having fatal cashes, according to CHP officers.
Preliminary hearings involve prosecuting attorneys laying out the evidence and calling witnesses, often law enforcement officers, to determine if a defendant should be held to answer to the charges to stand trial. Typically, defendants’ attorneys don’t call witnesses and present limited defense for a preliminary hearing.
Defense attorney Michael Clayton cross-examined several witnesses asking questions about how close the officer got to the Infiniti when taking radar readings and losing sight of the vehicle due to a curve in the road.
CHP Officer Toby Hall said the defendant denied seeing the officer on the side of the road or begin to pursue him, with Hernandez Cervantes claiming he was running late to pick up his girlfriend, and mother of the girls, from work in Santa Maria.
Near the end of the preliminary hearing Harmon said enough evidence exists to show the defendant had been warned against drinking and driving, speeding and reckless driving.
“He knew the risk,” said Harmon, who was joined by colleague Michelle Mossembekker in making up the prosecution team.
Yet, Hernandez Cervantes passed a truck while exceeding the speed limit.
“He took a curve marked for 35 mph at just under 110 mph,” Harmon added.
Clayton asked the judge to hold Hernandez Cervantes to answer to a lesser charge of manslaughter, instead of murder.
His client did not intend to kill the girls, Clayton contended.
“This was not a malice killing, judge,” Clayton said, denying his client was fleeing from a CHP officer.
Judge Stephen Dunkle rejected the defense argument, saying the evidence contained probable cause for Hernandez Cervantes to continue to face two counts of murder.
“There is evidence of an extreme rate of speed on a relatively dangerous road,” Dunkle said.
In addition to speeding and having alcohol and THC in his system, Hernandez Cervantes was driving on a suspended license.
He will return to court in Lompoc Dec. 3 for arraignment on the information.
Hernandez Cervantes remains in the custody of the Santa Barbara County Jail where he is being held without bail.