Luna County Sheriff's deputy charged with homicide by vehicle

Homicide by vehicle charges were filed against Luna County Sheriff’s Deputy Paul Garcia for his role in an accident that killed a 14-month-old boy in Deming.

Court documents say that in November 2023 Isabella Hernandez was driving on Highway 11 when she was struck by Garcia in his marked patrol unit, killing the 14-month-old boy. He said he and an officer in training were responding to a burglary call in Deming and police say he reached 130 miles per hour. The family’s attorneys said New Mexico State Police say Garcia’s vehicle moved into the opposing lane as Hernandez turned and slammed into her at 99 mph.

The law firm says Hernandez suffered fractures to her collarbone, pelvis, ribcage, wrists, liver bleeding, and nerve damage in the crash. The 14-month-old was pronounced dead with blunt force trauma being the cause of death. “I remember slowing down before the intersection and turning on my blinker. And my life changed forever. I became unconscious when he hit us. I came to at some point in pain, crying for help because I couldn’t breathe and I was asking for my son,” Hernandez said.

Wyatt’s parents are demanding justice. “My first and only son was taken from our family because of a reckless and dangerous driver… only two months after his first birthday. He didn’t even make it to his second Christmas. I pray that no parent ever has to know the pain of returning Christmas gifts that were never put under the tree,” said William Franzoy, Wyatt Franzoy’s father.

The case was sent to the Alamogordo District Attorney’s Office which filed charges for homicide by vehicle and great bodily injury by vehicle against Garcia on Tuesday.

Garcia has been in trouble before. He was convicted of drunk driving in 2015. The criminal complaint says he narrowly avoided hitting a Luna County officer and told them he had a previous DWI conviction in Texas. Last year, he was awarded the 2023 Deput of the Year in Luna County. He’s still employed by the Luna County Sheriff’s Office.