A family member of a Southern California man charged Tuesday in connection with the death of his 2-year-old son, who died after last month being swept away in floodwaters, is decrying his arrest and describing him as “an amazing father” who would have never intentionally put his child's life in jeopardy.
Brandon Padilla-Aguilera, of Barstow, a city in the Mojave Desert, was charged with vehicular manslaughter with gross negligence and child abuse/endangerment under circumstances or conditions likely to cause death, according to charging documents.
Padilla-Aguilera pleaded not guilty to the charges, according to online court records. A court appointed attorney for Padilla-Aguilera, 26, did not immediately return a request for comment.
Leanna Kay, the toddler’s aunt, said in a statement that the pair were on their way home from a funeral when they got stuck in floodwaters. She described Brandon Padilla-Aguilera as the "most kind-hearted" person she knows and said he “would NEVER hurt his baby.”
According to a statement from the Barstow Police Department, the car carrying Padilla-Aguilera and his son Xavier was “overtaken” by floodwaters, on the night of Sept. 18. The father and son exited the car "but were ultimately separated from each other," according to police.
Authorities rescued Brandon Padilla-Aguilera "on an island that had been created by the floodwaters," and discovered the boy's body the next day, according to a statement by the city of Barstow.
"Our hearts go out to the family and loved ones during this unimaginably difficult time," the city said. "We extend our deepest condolences to those affected by this tragedy."
The National Weather Service issued flash flood warnings for San Bernardino County on the morning of Sept. 18, roughly 12 hours before the boy and his father were swept away by the waters. The heavy rain came in the aftermath of Tropical Storm Mario, which hit the Pacific coast earlier that week.
Brandon Padilla-Aguilera was arrested in connection with his son's death on Oct. 17, authorities said.
"Over the course of the month-long investigation, detectives spoke with witnesses and gathered evidence," the police department said in their statement. "Based on evidence obtained, detectives secured an arrest warrant for him."
Authorities initially booked Padilla-Aguilera on suspicion of murder but later downgraded the charges.
Jacquelyn Rodriguez, a spokesperson for the San Bernardino County District Attorney's Office, said in a statement that "it’s not uncommon for our Office to add, change, or even turndown charges based on the full review of the evidence and facts as they apply to the law."
"In this case, the thorough investigation revealed that the alleged actions of the defendant leading up to the death of his toddler were negligent," she said.
Rodriguez added that “evidence and facts will be presented during the preliminary hearing." Padilla-Aguilera will next appear in court at the Victorville Superior Courthouse on Monday, according to online court records. His bond was set at $200,000.
Kay said that Brandon Padilla-Aguilera — who she said is her sister's fiancé — was on his way home from a funeral when the pair got stuck in floodwaters.
She said he took Xavier with him to the funeral because they did everything together.
Brandon Padilla-Aguilera was given the "go ahead to pass" through a flooded road leading from Barstow to Helendale, she said, without providing additional information on who suggested their car could pass through.
"If there is anything I know for a fact my brother wouldn’t ever endanger his son," she said. "If he had any idea how badly that flood water really was, he wouldn’t have tried to go through it."
She criticized his arrest, saying that what "Barstow police department is doing is beyond wrong."
"They arrested him two days after my nephew's funeral service," she said. "My sister is grieving her son while dealing with the PD, and she also has three kids to take care of. This is a lot on her and our family."
A spokesperson for the Barstow Police Department did not immediately return a request for comment on Kay's criticism.
