Police arrested a California father one month after flood waters swept away his vehicle and killed his 2-year-old son.
Brandon Padilla-Aguilera, 26, allegedly drove into rushing water on West Main Street on Sept. 18, according to ABC 7. The floodwaters carried his vehicle into a wash north of the street. He and his son Xavier escaped the car but separated in the current, according to Barstow Police Department.
Emergency responders from multiple agencies and civilian volunteers searched the area. They found Xavier’s body on Sept. 19.
Detectives spent a month interviewing witnesses and collecting evidence. They arrested Padilla-Aguilera at his home on Oct. 17 and booked him on murder charges, the press release stated. (RELATED: Missing Baby Emmanuel Haro’s Father Reportedly Admits To Killing Him)
The murder charge did not survive his arraignment, ABC 7 reported. Prosecutors in Victorville dropped it and filed lesser charges, according to the outlet. The San Bernardino County District Attorney (DA) now accuses Padilla-Aguilera of vehicular manslaughter with gross negligence and child abuse under circumstances likely to cause great bodily injury or death.
“After our office reviewed the evidence and facts submitted, we determined that the appropriate charges that we believe we can prove beyond a reasonable doubt are the ones filed,” the DA’s office said in a statement, the outlet reported.
Padilla-Aguilera pleaded not guilty through his court-appointed attorney. He remains held on a $200,000 bond with a court date next week.