1 00:00:01,200 --> 00:00:01,760 Speaker 1: Crime Alert. 2 00:00:01,800 --> 00:00:04,240 Speaker 2: I'm Nancy Grayce breaking crime is now a former New 3 00:00:04,320 --> 00:00:07,240 Speaker 2: York City restaurant owner charged in a golf cart crash 4 00:00:07,320 --> 00:00:11,280 Speaker 2: that leaves his wife dead. According to reports, she falls 5 00:00:11,280 --> 00:00:13,400 Speaker 2: from the golf cart, hits her head on the ground, 6 00:00:13,560 --> 00:00:16,880 Speaker 2: and dies after being airlifted to a local hospital. Straight 7 00:00:16,920 --> 00:00:20,320 Speaker 2: out to Drew Nelson for more Nancy. 8 00:00:20,400 --> 00:00:23,520 Speaker 3: It happened inside a neighborhood where residents feared a deadly 9 00:00:23,600 --> 00:00:28,240 Speaker 3: accident was only a matter of time. Angelo Theodoso, sixty four, 10 00:00:28,480 --> 00:00:31,560 Speaker 3: was arrested in Saint John's County after the November thirtieth 11 00:00:31,600 --> 00:00:35,879 Speaker 3: crash that killed his wife, Christina Theodoso. Deputy said Theodoso 12 00:00:36,120 --> 00:00:38,839 Speaker 3: showed signs of impairment and refused to breath test. He 13 00:00:38,920 --> 00:00:42,599 Speaker 3: is charged with misdemeanor dui. Authority said Christina filled from 14 00:00:42,640 --> 00:00:44,519 Speaker 3: the cart and hit her head on the concrete. She 15 00:00:44,640 --> 00:00:48,159 Speaker 3: later died at the hospital. Neighbor Christopher Barnes said residents 16 00:00:48,200 --> 00:00:50,080 Speaker 3: woke to chaos in the middle of the night. 17 00:00:50,280 --> 00:00:54,040 Speaker 4: We woke up to all the lights out here, came outside, 18 00:00:54,120 --> 00:00:57,120 Speaker 4: saw that, in fact, she was already loaded the AMBLCE. 19 00:00:57,120 --> 00:00:58,240 Speaker 4: I think by the time we got out here. 20 00:00:58,320 --> 00:01:00,880 Speaker 3: According to the Saint John's County Sir OF's office. The 21 00:01:00,920 --> 00:01:04,200 Speaker 3: crash happened around ten forty five pm on Recollection Drive 22 00:01:04,280 --> 00:01:08,520 Speaker 3: in Knokate. Christina was airlifted to Memorial Hospital, Jacksonville, but 23 00:01:08,600 --> 00:01:12,320 Speaker 3: died the following day. Barnes says Angelo was visibly distraught 24 00:01:12,400 --> 00:01:13,000 Speaker 3: at the scene. 25 00:01:13,080 --> 00:01:15,640 Speaker 4: Her husband was out here and the police were talking 26 00:01:15,680 --> 00:01:18,280 Speaker 4: to him. He was pacing around and the golf cart 27 00:01:18,319 --> 00:01:19,640 Speaker 4: was alway down with the mailboxes. 28 00:01:19,880 --> 00:01:23,399 Speaker 3: Theodos Who's attorney, el Lee Lockett, told the Saint John's 29 00:01:23,400 --> 00:01:26,800 Speaker 3: Citizen that his client maintains his innocence. Quote, he didn't 30 00:01:26,840 --> 00:01:29,840 Speaker 3: cause the accident. He was not impaired. He also said, 31 00:01:29,880 --> 00:01:33,680 Speaker 3: theodos who is heartbroken, adding quote he's distraught. He's depressed 32 00:01:33,680 --> 00:01:36,280 Speaker 3: as he can be. The couple had recently retired to 33 00:01:36,319 --> 00:01:39,760 Speaker 3: Florida from New York, where Angelo previously owned a restaurant 34 00:01:39,800 --> 00:01:42,200 Speaker 3: in Jackson Heights, Queens. According to our partners at the 35 00:01:42,200 --> 00:01:45,759 Speaker 3: New York Post, residents continue to raise safety concerns about 36 00:01:45,840 --> 00:01:48,760 Speaker 3: speeding golf carts, a lack of stop signs, and growing 37 00:01:48,800 --> 00:01:52,720 Speaker 3: traffic on nearby greenway paths. Barnes says neighbors had worried 38 00:01:52,720 --> 00:01:54,800 Speaker 3: about the area long before the crash. 39 00:01:55,200 --> 00:01:57,040 Speaker 4: We kind of imagine it's only amount of time before 40 00:01:57,040 --> 00:01:58,720 Speaker 4: there's an accident at this intersection. 41 00:01:59,360 --> 00:02:01,680 Speaker 1: Thanks Dreue. More crime and justice news after this. 42 00:02:07,080 --> 00:02:09,800 Speaker 3: A murder trial is under way in California after a 43 00:02:09,840 --> 00:02:12,120 Speaker 3: one year old boy died in a hot car while 44 00:02:12,160 --> 00:02:16,720 Speaker 3: his mother got lip filler injections. Opening statements began Monday 45 00:02:16,760 --> 00:02:21,000 Speaker 3: in Kern County Superior Court in Bakersfield. Prosecutors and defense 46 00:02:21,040 --> 00:02:24,960 Speaker 3: attorneys outlined sharply different views of what happened. The defendant 47 00:02:25,000 --> 00:02:28,760 Speaker 3: is Maya Hernandez, twenty, of Isalia. She is charged with 48 00:02:28,840 --> 00:02:33,080 Speaker 3: second degree murder, involuntary manslaughter, and child cruelty. The case 49 00:02:33,240 --> 00:02:35,200 Speaker 3: centers on the death of her one year old son, 50 00:02:35,240 --> 00:02:40,320 Speaker 3: Emilio Gutierrez. Her two year old son, Mateo survived. Prosecutors 51 00:02:40,360 --> 00:02:43,600 Speaker 3: told jurors that Hernandez left both children trapped into their 52 00:02:43,639 --> 00:02:46,639 Speaker 3: car seats inside a Toyota Corolla for more than two 53 00:02:46,639 --> 00:02:50,000 Speaker 3: hours on June twenty ninth. Outside temperatures were in the 54 00:02:50,040 --> 00:02:53,440 Speaker 3: triple digits. Investigators say the inside of the car reached 55 00:02:53,480 --> 00:02:56,840 Speaker 3: as high as one hundred and sixteen degrees. Emilio was 56 00:02:56,880 --> 00:03:00,600 Speaker 3: later pronounced dead from heatstroke. Stephanie Toconi of the Kern 57 00:03:00,680 --> 00:03:04,720 Speaker 3: County District Attorney's Office describes Hernandez sitting inside the spa 58 00:03:04,840 --> 00:03:07,519 Speaker 3: socializing while the children were outside. 59 00:03:07,639 --> 00:03:10,760 Speaker 5: Person who was supposed to protect, supposed to put her 60 00:03:10,800 --> 00:03:16,320 Speaker 5: two sons above everything else, chose herself. She knew before 61 00:03:16,360 --> 00:03:18,519 Speaker 5: she got out of her car that if she left 62 00:03:18,560 --> 00:03:20,400 Speaker 5: them in the car that they. 63 00:03:20,240 --> 00:03:23,680 Speaker 3: Could die to Cony told jurors the cosmetic procedure itself 64 00:03:23,760 --> 00:03:26,840 Speaker 3: took only twenty minutes, but she said Hernandez stayed in 65 00:03:26,840 --> 00:03:29,679 Speaker 3: the building for nearly two hours and never went outside 66 00:03:29,680 --> 00:03:32,640 Speaker 3: to check on the children. Text messages shown in court 67 00:03:32,760 --> 00:03:35,240 Speaker 3: show the spa had told Hernandez she could bring the 68 00:03:35,320 --> 00:03:38,880 Speaker 3: children inside to wait. Witnesses described the waiting area as 69 00:03:38,960 --> 00:03:42,240 Speaker 3: child friendly. In fact, several parents were inside with their 70 00:03:42,320 --> 00:03:45,480 Speaker 3: children at the time. One man testified that he walked 71 00:03:45,480 --> 00:03:48,880 Speaker 3: his service dog near Hernandez's car earlier in the afternoon. 72 00:03:49,120 --> 00:03:52,240 Speaker 3: The windows were tinted, he couldn't see inside. He said 73 00:03:52,320 --> 00:03:55,320 Speaker 3: the pavement was so hot he worried about his dog's feet. 74 00:03:55,880 --> 00:03:58,840 Speaker 3: At exactly four point thirty three pm, Hernandez left the 75 00:03:58,880 --> 00:04:01,800 Speaker 3: spa and returned to the car. Witnesses said she came 76 00:04:01,840 --> 00:04:05,240 Speaker 3: back inside moments later. Carrying amelia. They described him as 77 00:04:05,320 --> 00:04:09,160 Speaker 3: limp with blue lips and limbs. Mateo was red, drenched 78 00:04:09,160 --> 00:04:13,360 Speaker 3: in sweat, gasping and lethargic. Police bodycam video showed first 79 00:04:13,360 --> 00:04:17,520 Speaker 3: responders performing CPR. Emilio was pronounced dead at five forty 80 00:04:17,560 --> 00:04:21,400 Speaker 3: eight pm. Mateo survived in the hospital. The defense does 81 00:04:21,440 --> 00:04:24,919 Speaker 3: not dispute that Emilio died from heat exposure. Assistant Public 82 00:04:25,000 --> 00:04:28,760 Speaker 3: Defender Terrell Wakeman told jurors this case is a tragedy 83 00:04:28,880 --> 00:04:31,040 Speaker 3: caused by a mistake, not murder. 84 00:04:31,240 --> 00:04:34,400 Speaker 6: Before she went into the business, mister Nandez left her 85 00:04:34,480 --> 00:04:37,159 Speaker 6: keys under the seat, the car was running, the air 86 00:04:37,200 --> 00:04:40,160 Speaker 6: conditioning was on. Mister Nandez thought that the car would 87 00:04:40,200 --> 00:04:43,680 Speaker 6: stay running, that the air conditioning would likewise remain on. 88 00:04:43,880 --> 00:04:47,520 Speaker 3: Investigators learn the Corolla model automatically shuts off after an 89 00:04:47,560 --> 00:04:50,960 Speaker 3: hour if it remains in park and is not manually restarted. 90 00:04:51,080 --> 00:04:54,359 Speaker 3: Wakeman has said he will concede the involuntary manslaughter and 91 00:04:54,440 --> 00:04:58,560 Speaker 3: child endangerment charges, but will challenge the murder count. Hernandez 92 00:04:58,600 --> 00:05:01,479 Speaker 3: has pleaded not guilty to all charges. If convicted of 93 00:05:01,520 --> 00:05:04,479 Speaker 3: second degree murder, she faces a potential sentence of fifteen 94 00:05:04,560 --> 00:05:08,440 Speaker 3: years to life. A California family is now suing a 95 00:05:08,440 --> 00:05:11,640 Speaker 3: cruise line after a drunken outburst on a ship ends 96 00:05:11,640 --> 00:05:15,400 Speaker 3: in a death ruled a homicide. Michael Virgil, thirty five, 97 00:05:15,600 --> 00:05:19,839 Speaker 3: died aboard Royal Caribbeans Navigator of the Seas on December thirteenth, 98 00:05:19,960 --> 00:05:22,400 Speaker 3: twenty twenty four. He had boarded the ship in Los 99 00:05:22,440 --> 00:05:25,760 Speaker 3: Angeles with his fiancee, Connie Aguilar, and their young son, 100 00:05:25,800 --> 00:05:29,640 Speaker 3: who had autism. They were headed for Ensnata, Mexico. Their 101 00:05:29,640 --> 00:05:32,000 Speaker 3: cabin was not ready, so they were directed to a 102 00:05:32,040 --> 00:05:35,360 Speaker 3: bar to wait. Virgil remained at the bar while Aguilar 103 00:05:35,480 --> 00:05:38,760 Speaker 3: took their restless son to check on the room. Attorneys 104 00:05:38,760 --> 00:05:43,400 Speaker 3: say Virgil was served thirty three alcoholic drinks over the 105 00:05:43,440 --> 00:05:46,880 Speaker 3: course of a few hours. The report states he became belligerent. 106 00:05:47,000 --> 00:05:50,120 Speaker 3: He was violent with staff and guests. The report says 107 00:05:50,120 --> 00:05:52,520 Speaker 3: he tried to rip sealing panels down to use as 108 00:05:52,560 --> 00:05:56,160 Speaker 3: a weapon. Security guards took him into a stairwell. Several 109 00:05:56,200 --> 00:05:58,640 Speaker 3: guards placed their full body weight on him. 110 00:06:00,080 --> 00:06:01,960 Speaker 7: To get German's part. 111 00:06:02,760 --> 00:06:05,559 Speaker 3: The medical examiner ruled his death a homicide. The cause 112 00:06:05,640 --> 00:06:10,240 Speaker 3: was mechanical asphyxiate with ethanol intoxication and underlying medical conditions 113 00:06:10,279 --> 00:06:14,760 Speaker 3: listed as contributing factors. The FBI has investigated, the Department 114 00:06:14,800 --> 00:06:18,480 Speaker 3: of Justice declined criminal charges against the guards. This week, 115 00:06:18,600 --> 00:06:22,080 Speaker 3: Virgil's family filed a wrongful death lawsuit against Royal Caribbean. 116 00:06:22,160 --> 00:06:25,520 Speaker 3: Their attorney, Kevin Haynes, spoke to KCBS. 117 00:06:25,040 --> 00:06:27,720 Speaker 7: They were hoping to create the best memories and then 118 00:06:27,760 --> 00:06:29,440 Speaker 7: the worst possible memory was created. 119 00:06:29,640 --> 00:06:32,800 Speaker 3: The TV station asked if Virgil should have stopped himself drinking. 120 00:06:33,040 --> 00:06:38,120 Speaker 7: They have an undeniable, non deligable duty not to overserve him. 121 00:06:38,160 --> 00:06:40,960 Speaker 7: That's the law. He is not pouring the drinks. They 122 00:06:40,960 --> 00:06:44,520 Speaker 7: have one hundred percent control over whether they stopped pouring 123 00:06:44,520 --> 00:06:45,039 Speaker 7: the drinks. 124 00:06:45,279 --> 00:06:49,279 Speaker 3: The lawsuit claims Virgil was overserved, restrained with excessive force, 125 00:06:49,440 --> 00:06:53,559 Speaker 3: pepper sprayed, and injected with the sedative haloperidol. The drug, 126 00:06:53,640 --> 00:06:57,839 Speaker 3: also known as haldahl, is a powerful antipsychotic medication used 127 00:06:57,920 --> 00:07:02,480 Speaker 3: mainly to control severe agitation, psychosis, and violent behavior. The 128 00:07:02,560 --> 00:07:06,279 Speaker 3: lawsuit aledges those actions directly led to his death. The 129 00:07:06,320 --> 00:07:09,480 Speaker 3: family argues that the situation would not have escalated if 130 00:07:09,480 --> 00:07:12,000 Speaker 3: the room had been ready and if alcohol service had 131 00:07:12,040 --> 00:07:15,160 Speaker 3: been cut off. His body remained in a refrigerator on 132 00:07:15,280 --> 00:07:17,840 Speaker 3: board until the ship returned to Los Angeles at the 133 00:07:17,920 --> 00:07:20,440 Speaker 3: end of the voyage December sixteenth of twenty. 134 00:07:20,200 --> 00:07:23,440 Speaker 1: Four Thanks Drew for the latest crime in Justice. To use, 135 00:07:23,480 --> 00:07:26,960 Speaker 1: go to crimeonline dot com and please join us for 136 00:07:27,080 --> 00:07:30,720 Speaker 1: our daily podcast, Crime Stories, where we do our best 137 00:07:30,720 --> 00:07:36,360 Speaker 1: to find missing people, especially children, and help solve unsolved homicides. 138 00:07:36,840 --> 00:07:38,960 Speaker 1: With this crime alert, Imansi Grace