[Music] Health is 56. >> A woman thought it would be a great idea to leave her 3-year-old son in a car. The temperature was more than 100° and the car was turned off. She parked in a handicapped spot and went into the store for a bag of chips. A concerned mother called the police and officers arrived to investigate the case. >> No, you were calling Southwest. >> Did you call us then? >> I did. So, I walked out of the store. Um, let me get out of the way. Backing up. So, I walked out of the store and I heard the little boy screaming, screaming, crying. >> Which horse is he at? >> He's in the Volkswagen. The black Volkswagen. And the mom's in the store >> leaving him in the car by himself. It's 100° out here. I know [Music] you know >> I'm out with the 10:30 copy plate and start me 43 to check in. >> Starting 43 55 right now. I have a plate 050 Tom Frank. Yes, ma'am. 543 to check him out, please. >> How long would you say he was in there, ma'am? >> Um, I had just walked out probably about 4 minutes. I don't know. From what I saw, about 4 minutes. >> I have to >> I don't know how long she had seen him for in there. >> I was right before you, like maybe a minute before her. I was delivering to a probably about four or five minutes. That's why we were looking to see if somebody was in there. >> What's your name? Was crying. >> I'm sorry. What was What's your name, please? >> Jasmine. J A S M I N E. >> And your last name? >> Ortiz. O R T I Z. >> What's a good phone number for you? >> Um, I just have a new number. I'm so sorry. Let me see. Um, let me see if I have it. Shoot. I don't even know. >> 10 for this city was sweating a lot. So, I'm going to have 43 chicken. >> Sorry. I'm trying to see if I can find my number. It should be in here somewhere. Okay. >> Hey, ma'am. Sergeant with Gabriella. >> Hey, how are you? >> Oh, you want to go to the bathroom? Did you go yet? >> No, I haven't. >> Um, especially this weather. >> I can't. >> How old is he? >> He's three. >> She didn't even car. >> I know, but I was just rubbing him for chips and walking right back out. I didn't realize there was a line. And then I was coming right back out. And that's when the cash register said and I came out. >> It's illegal. Possibly get yourself in a situ a criminal situation with it. Okay. Do you have an ID on you, please? >> No, I don't. I I live right here. >> I can give you my name, give birth, everything. >> I'm going to have Rusty come and check him out cuz he was sweating. So, it won't cost you anything, but they're going to check him out. because they saw this and mark her. So, she's like, "He's red." I'm like, "Okay." Well, I just I literally check the camera as I walk just in there. I can say she's red. She has glass. >> No. >> What's your name, please? >> Gabriella with one L. Gardina. C A R D E N A S. >> And what's your birthday? >> 90. That's a good phone number for you. >> Hi. >> Hi, guys. There you go. >> It's okay. Water. >> He just had some at home cuz we live right across the street. But >> right over here. >> Yeah. >> Okay. That's real, buddy. >> Oh, you got >> There you go. There you go. >> What's his name? >> He speaks mostly Spanish. >> Mostly Spanish. >> Okay. [Music] Okay. So, I'm lost. Please. >> Reason why we're here is cuz someone reportedly using the car by itself. >> Yeah. I ran for chips and I was coming right back. >> Try to avoid that. Try to go in and out, but summertime. >> Yeah, I know. I know. And >> And the car is going to be a lot warmer than 97. >> Yeah. >> Yeah. that what if somebody tried to steal your car and took him with >> that happens in this area all the time in the car >> than you probably think so >> so not stole him but just think of this as like a it could have been a lot worse >> so um probably best just next time just take him with you even if you're in there for 30 seconds >> but just avoid all this check with them and then we'll be So, I'm not sure. >> Oh, she's on there, right? >> Okay. Yeah, cuz I doubt it was three or four minutes. >> Hey, ma'am. >> Hey, how's it going? >> Just sorry to bother you. >> No worries. the female with the child left in the car. >> Yes. Yes. >> Do we know how long she was in here for? >> Um I couldn't say exactly cuz I didn't see when she came in. I know when I stepped out she wasn't out there and it was probably maybe 5 minutes. >> Maybe not even. >> Okay. So about maybe 10 minutes >> maybe. Yeah. Cuz by the time she came in and got what she wanted, you know, then came back out. So >> Oh, sorry. >> No, you guys are good. >> Oh, sure. Yeah. Come on. Oh, sorry guys. I'm >> excuse me. Don't hit me now. >> Um, did you are you the one that found the child? >> Yes. I walked out and we could hear him crying and screaming in the car. >> He was crying and screaming? >> Yeah. And I was trying to look through the car cuz it's dark so it was hard to see and he was sitting back in like a little buster seat. >> Okay. >> And then that's when the customer walked out. She had the phone and she called right away. when I was out there by the time you guys came almost 5 minutes maybe maybe not quite >> okay >> and then um cuz I told them hey there's somebody out here and they found her inside and told her you should go outside and she didn't >> so yeah >> oh so she didn't go outside either >> not right away yeah >> so what was she saying oh >> could see the >> hi how you doing ma'am we're hanging in there how are you >> hanging in there >> I didn't really get to see the baby um I went outside she was out there she told me it was red and screaming and crying and so we came in um as I walked back through the doors. Rodney, who's in liquor, kind of made an announcement. The mother was in line in liquor. And she goes, "That's my kid. He's fine." And remained in line. So that's when I went back out and checked again. And I came back in. I said, "Ma'am," I said, "There's a customer calling 911." I said, "You need to get outside with your kid." And um she goes, "Why? He's fine. That's marker on his face. He's not red. He's fine." And I said, "You need to get outside with your kid." I just And so she left. And that's all I that's the only interaction I really had is that once we made the announcement that there was a kid outside in a car by himself, she was still No, not at first. She was going to stay in line. >> It wasn't until I came back and found her in line and went up to her personally and said, "Ma'am, they're calling 911 on your child right now. You need to go." Okay. >> You know, >> do we know about how long she was in the store for? I kind of want to want to see the camera. >> Um, I can check the camera. Yeah. Let me see if I can >> She's She's claiming two or three minutes. >> Okay. >> I only got a a little bit of a low energy because I was running with cash. So, I couldn't like really go outside. I couldn't do anything. >> And I don't need to identify you guys. Has nothing to So, if either one of you got a scadattlele, that's okay. >> Oh, no. No, you're good. Yeah. >> I mean, she saw us. She knows we work here. >> Exactly. >> She was already tying me, you know, stuff. And I'm like, he's calling. >> I could tell something was going on. And so, I sent another employee out and said, can you check and make sure Jessica's okay? Because I can kind of hear her yelling at them, but I can't go because I'm at the register and have money in my pocket. So, >> right. Um, >> and that's when she said the police are here. So, I was like, "Okay, as long as >> Did you say you're the one that saw him really sweaty?" >> Yeah, he looked really red and it's hard to tell cuz the car is so dark, but he looked red. He's dark complexed, you know, so you can kind of see him red. A little bit of sweaty on him. >> So, I mean, it's a hot day. You kind of sweat instantly. It's hot in here, you know. >> Was that vomit on his clothes, too, or >> I didn't see him when he got someone there on his clothes, but I couldn't know what it was. Didn't look like vomit. It looked like he was eating something at some point. Um >> once we were standing there then he kind of calmed down but he was screaming like frantic and then he was alone you know and it's hot and he doesn't know what's going on. So >> I think what I might end up doing >> I agree >> calling taking him away or not take him away but calling just take him with family member. Put him with another family. But >> I don't even know what it was probably about >> I just >> I'm going to do one I'm going to do a 72. >> Maybe try 17. We're already at 6:30. Okay. Why did I >> I'll summon her for child endangerment. >> But we're going to be here for a minute. It's okay cuz she lives around the corner, but I'm not giving her in the car. So, you can just >> We'll do it. We'll do it all here. Yeah. We're going to be outside for for a few hours. >> Okay. It was probably before that kid cuz he was the one who went to photo that I was helping. >> So, I came in right before that. So, maybe 10 15 minutes before. >> We'll see cuz if she's on your longer >> Is that her car right there? >> Yeah, that's her car. And that's they pulling up. Actually, they had to be before that. >> Okay. >> So, if she's in here longer than 3 or 4 minutes, like she's claiming, then I'll do chasement cuz if she's in here 10 minutes, >> well, and I'll tell you, she was willing to stay. She was back in the line. >> So, that's I'm going to confront her, too, cuz >> 185. >> Her side of the story is that she got notified when she while she was shopping and then came out. So, she was only for two or three minutes. No, cuz she was still Rodney said something to me about there's when she said it over the earpiece, he said it out loud and the lady announced I'm the mother and then I went outside and checked, came back in and she was still standing in line even after telling my employees she was the mother. Cuz I asked Rodney who said she was the mom because she said she's still in here and he said, "Yeah, that's her in the line." So I walked around to the back of the line, scooted my way through and said, "Ma'am, they're going to call 911. Well, they're outside right now calling and notifying the police and she's like, "Why?" So, >> h >> I'm going a little faster here. We're only at 8:16. >> Yeah, cuz I don't need that kid to get schooled when he gets home. >> I That's what I worry about, too, cuz she was tied something in Spanish, but it was quiet. >> There she comes in. And that's 8:17. >> Yeah, >> there she comes. >> So, 8:17. We'll say >> she goes shopping. >> To the other side, not to liquor. Customer service needed in the battery department. that way. [Music] >> That's when I went out. >> I was delivering that >> order on 3 minutes. >> And then I thought that was her side and she walked in. So I said, "Well, no other than the cat be." >> There's the customer. >> Yeah. >> Three minutes. >> There's Geraldine going out. There's me going out and talking to them. >> We're at 4 >> coming back in. >> Yeah. >> At 5. >> Yeah. In the battery department. >> This is where we're already talking to, right? She's basically saying that she's coming up. >> She wasn't even outside yet. >> No, but she's still saying she goes right there at 18:22. >> About 18:22 and >> Yeah. >> about 5 minutes and seconds. >> Yeah. >> So, she's in the store. >> She didn't even pull him out when she first went out. She just opened the door. >> Yeah, you can see that she just opened the door and left him in the car still even though he was upset and >> and then finally told him and she was telling him something, but I couldn't hear what. >> Yeah. >> Yeah. Cuz he So, >> but yeah, I had to come back in because when he said it, when Rodney said it to over the thing, I was like, "Okay." And I heard that, came outside, checked, came back in and said, "Who said that she was the parent?" And he's like, "That lady right there in line." And so I had to come back around to the line and get her out of the line. She was still going to stay and finish her her transaction even though she knew we were aware her child was alone. >> Yeah, it was a good line. So >> she was ask told to go outside the child and she just told me no. >> Okay. >> Just >> Yeah. She just told me she said why? There's nothing wrong. And I I finally said, "Ma'am, if you want to, I'll ring you up right now and you can go." And she's like, "No, I'll just go to a different store." And that's when she went outside and you guys >> So more so she stayed because you showed up then. That's why she stayed. >> She wouldn't have stayed. She was going to go to another store. She was going to leave and go to another store was always comment >> cuz she said, "I'm going to go across the street." >> Yeah. >> And we were like standing behind the car so she wouldn't leave. >> Yeah. Cuz she said to me as I I said if because I was trying to get her out of line cuz she kept standing there saying, "Well, why? He's fine. That's marker on his face. There's nothing wrong with him." And I finally I came around to the front and I said, "Do any of you mind if I pull her to the front and ring her up real quick and get her out to her child?" And that's when she said, "No, I'm just going to another store." cuz I made an announcement to make sure that the customers kind of embarrassed her a little bit. I'm like, you know what else to do? >> All right. Well, thank you guys. >> She's bigger than you guys. Drag her out. >> No worries. >> It's not all it seems. So, she comes around. She parks at 8 or 617. >> What's his name? >> Or 517, sorry. >> 517. >> Sorry. No, 617. Sorry. >> She parks at 6:17. She parks enters the store like 6 in 17 minutes. So, 617 she enters the store. She's shopping in there. They one of the employees comes out to hear the baby's crying. So she looks in. She goes, "Oh my god, there's a baby in there. He's a friend." So they make an announcement around like 619 or like 6:18, sorry. Then after, "Hey, there's a who's baby's in the car." They identify her like around 6:20. Like it's my kid or And then she goes, "Well, he's fine." We'll get you out of the car. He's fine. He's just crying. So she refused to leave the line to pay. She didn't come out here till 6:22. So 5 minutes she was in there. So about 3 minutes she argued with staff. The only reason why she came out is because she was like fine. I'm going to cuz she they embarrassed her like does anyone care? Cuz she wanted to pay for her stuff and then like does anyone care that the the manager was like does anyone care if she skips the line so I can bring her up now so she can go check on her tip. She's like no never mind. I'm just going to go out there now. And the only reason why she stay charged up and she opened the door. So when she opened the door she didn't get him out of the car right she just opened the door and started scolding. So I think I have enough for child endangerment possibly just cuz there was no you didn't show any eigency to get your kid out of line by witnesses. I'm probably going to just I'm going to call get him out here see if the kiddo can go with a family member but I'm on the board line if I want to 16 right now. I I get summons though at the same time. >> Well, you're going with the city one >> cuz I think did you go to the state? It has to be a felony. >> Oh, yeah. >> So, I mean, do you think it's felony or do you think it's >> Call the D and ask? >> Yeah, I'll call you. >> I'll get the call. I'll call D. >> Yeah, if I can. >> Okay. General. [Music] >> So, as far as does she have anything going on or any charges or anything with the kid or any like stuff? Possibly. Yeah, >> she left me in my car for 5 minutes. She refused to come out and check out the car. She know. >> Okay. How did Were you guys over here for this or did you separate? Totally separate. >> So, who called for that? >> The the store. So, they one of the employees came out and they said they they heard a baby crying. They look in the car, they're like, "Oh [ __ ] there's a little kid in there." So, they go inside, they page like, "Who you know who drives a black Volkswagen with a little kid in it?" She's like, "That's mine." And she argued with him inside for a few minutes like, "I just want to pay for my stuff." So, she was like refusing to >> Okay. >> abandon her stuff she was going to buy to come out and get her kid. >> Okay. So, then she came out when you guys came here or were you do like when did the kid actually around 6:23 is when they came out? She was I guess 6:17 was in the car. At 6:23 they came out and they opened the door for me. >> Okay. So, >> so when you guys got here, he was already out of the water then. >> Yeah, when we got here around that time, he was already out. >> And then I had given him some water as soon as I got here, some cold water. He didn't chug it down like crazy. Um Jake had a few sips of it. >> Okay. What was his temp? >> My name. >> My name. Yeah. So, his vitals like are okay. Doesn't want him to go to the hospital as I was asking you guys cuz she's obviously care. So, she still has the ability to make that choice whether or not he wants to. But, he doesn't have a temp and his vitals are okay. He doesn't like swimming. He does. So, he's cool. >> Okay. >> Yeah. >> Cuz like I said, he rolled up. He drank some water, but he didn't slam it down either. Okay, cool. >> So, obviously >> I think you have I think you have the city one. >> The city ordinance one. >> Yeah. >> Was it the It's just a citation, is it? >> No, I mean you could summons. >> Oh, yeah. >> Um >> cuz I think 16 is a bit too excessive. I would just summon and then probably just do a 72 hour cuz I'm just concerned he gets scolded for this cuz she was pissed with him. It's a stretch, but either way, I'm going to know if I see it. >> I mean, I guess the big question is, is she the only guardian or is there another guardian? >> Oh, I didn't even ask. >> I think if there's no other guardian, I think it's I think it's a stretch to do a 72 just cuz >> I don't know if it needs to go >> Well, custody just for this. >> Yeah, cuz if that's the case, >> but I think I think a home visit's warranted. >> Yeah, she says she lives kind of nearby, so I was going to do a home visit for sure. >> Yeah. um and check up on that and then um >> I think honestly I might do city well sorry just calling but I think it's going to maybe city >> yeah like >> if it was the windows if the windows were left up >> well >> and stuff like that she left room for him to might be comfortable I don't know if he was crying because of the heat could have been crying cuz got his ass chewed out the car before >> well yeah >> um they did say he was sweating but I mean obviously anyone's going to sweat I'm sweating now >> I I agree with you I I mean car cars in the shade. That's it. Thanks. Appreciate it. >> Cars in the shade. [Music] >> SD32. >> What we're going to So, what I'm going to ultimately do is I'm going to give you a case number uh for the police port cuz we got to document it cuz it's revoling kiddo. Okay. CFD does get notified >> um about the incident cuz involving a child. >> Yeah. >> Um the problem we're having is this. cuz we looked at cameras, okay, and I talked to witnesses. The problem is when they were telling you that the kiddo's in the car, you stayed in line for a bit before coming out here. That's where it becomes a bit of an issue. >> Okay. >> Because you're being notified that your kid's in distress and if he's even if he's just an emotional kid, >> no, but they say he was in distress. >> I mean, they're saying that there's a concern of a child in the car and they identified it's you >> and if you're choosing to stay in line and not so exit, that's where it becomes a problem. Especially with it being a hot weather day and leaving your kid in the car, even if it was cold, it's still illegal to do so. >> Right. >> Ultimately, what might end up happening is not jail time, but I have to call the DA because more than likely you're going to get summons for charge for the child endangerment. Okay. >> Okay. >> What's going to ultimately happen if that's the case, it's just the summits. You're not going to go in handcuffs, nothing like that. It's just the summon charges to get a court date. >> Okay. And the charge would be a misdemeanor. Um, what is going to happen is I'm going to go after this. If that's how it goes, I'm going to follow you to your home and conduct a home visit. make sure the home is deemed safe and and obviously comfortable for a child cuz I have to. I'm not searching your house. I'm not going through cabinets or anything like that. The home visit is going to consist of this. We go to the home. He just showed me the house in general where he sleeps and that the home has food, running water, and power. >> Yeah. >> If his room's a mess, like a child, I'm not worried about it. >> If it's like a little kid's room, you know what I mean? Cuz people are like, "It needs to be spiced." Doesn't have to be. >> Um, as long as there's no safety hazards, it's not like feces all over the place like something gross negligence, >> then it should go smoothly. Home visits usually can if they're if they're pretty average in and out in like a minute or so. >> Yeah, I understand. >> Oh, what do you look like to see with that? Do we have the state felony child endangerment or would that be missed in here? Um well I'm I was actually just looking at the the felony right now which is and I'm looking at subsection >> D. >> Um knowingly um abuse of shock consists of a person knowingly intentionally negligently and without justifiable cause permitting a child to be placed in a situation that may endanger their life or health. I mean, was she like she was going in to run errands, but she had no reason to leave the child in the car, right? Cuz >> Yeah, cuz she said that when I asked her originally, I was like, "Hey, was there a reason the kid was left in the car?" And she's being compliant. She goes, "Well, I just was going to go grab something in and out and come back out to the car." I was cuz she was like, "Well, I was only in there for like 3 or 2 minutes." So, I had to obviously verify that. Turns out she was in there for 5 minutes, but she didn't have a valid reason to just leave him in the car. >> Yeah. Subsection D3 exposed to the inclemency of of the weather. I think you have enough for the felony. >> Talk to the DA. They said it's felony. They said because subsection D she knowingly put the kiddo in that predicament. I told her I was like, "Hey, the windows are cracked." Because she goes, "Well," she writes subsection D is knowingly putting a child. She goes goes, "Well, so once she got notified that your kid's in distress and she chose to stay online, she goes, "That's um >> sorry, >> is that a moth?" >> Yeah. >> No, it's in there now. It's It's whatever. Um she goes once she like knowingly did that. Um it become felony. That's subsection B. So >> again though, she read statue. She's not here. It's up to you though. >> If we call the DA Yeah, that's what we have. I can't justify not >> not doing >> arresting her now. >> Yeah. Um, luckily I did ask her sister's home, her older sister. >> So there's someone for the kids to do. So what we can do is >> So let's do this. That way we don't 16 her in front of the kid. >> Yeah. >> Let's just say, "Hey, we're going to go do the home visit and then once we get there, we'll separate kiddo from mom >> and then do it from there." >> Okay. So here's where we're at. Okay. Mhm. >> Unfortunately, based on what happened today, um that is a felony offense. >> So, you are under arrest. >> Okay. We don't want to put you in handcuffs in front of kiddo. We want to make this as smooth as possible. Okay. Um so, you are under arrest at this point. >> Um what we're going to do >> is we'll put you in handcuffs. We'll put you in the back of the car. >> We're going to speak. Are you okay with your sister? >> Yeah. >> Watching your kiddo. >> Okay. So, we'll do that. Um, we just have to do background checks on them with through CFD. So, we'll have to get their information. Both your sister and her. >> How many days am I going to be in jail? >> Most likely. There's no promises about this. Most likely just for tonight. >> You'll probably probably be released tomorrow. Okay. That is up to a judge. However, most people do just go for the night and then they get out the next day. >> Okay. >> Okay. >> This is about the decision that's being made is be done at the direction the district attorney after he was given the facts of the case. Correct. >> And another thing too, just because you work in the you have your nursing license and stuff like that, stuff, right? You have your medical stuff. >> Only problem is >> certificate. >> It's a felony though being charged with the felony. So more than likely that stuff gets revoked um with felony charge. So we don't call the hospital. We don't call you. >> Yeah. It's up to us to >> Yeah. So I'm just saying it all out. It's a felony charge and that's just based off limited felony see misdemeanor is because when you were notified about what was going on through store employees made aware of it and then your witnesses you chose to stay in line a little bit more that's when you were being catch some sort of distress and you chose to kind of put that on delay and then that's where it became a subsection D charge and that was read to me by DA and it's all on there that phone call was reported >> I understand >> again that doesn't mean you're guilty just means you have no probable cause based off Do you have any questions before we begin? >> No. Can I just >> So >> give my my stuff to my sister. >> Yeah. So right now, let's walk to the car. Okay. >> Um you can take that if you'd like. It's up to you. You can take your phone. >> I need her. Okay. I mean, I'm not going to lie to you. I would keep your phone with you. We can probably work on getting writing the number down in a bit. >> But when you get Have you been You've never been arrested, right? >> Yes, I have. >> Okay. So, yeah. You're going to get beat down dropped off downtown when you get released and they don't have phones available. So for you to use >> Oh, they let me use my own >> when you get released. Yeah, cuz they they turn off. Oh, I see. When I >> Yeah, when you get released, it's best to have it with you so you can make a phone call for your sister to pick you up from downtown. >> Oh, >> again, it's your call, but you can you can take it with you. >> No, cuz I want >> Yeah. >> Okay. So, let's walk to this car right here by the curb. Okay. What's that? >> Can I get my glasses instead of my contacts? >> Yeah, we can grab that for you. Let's just walk to the car for now. Okay. Like I said, I don't want uh I really prefer if your kid didn't have to see, you know, the handcuffing or, you know, anything like that. So, just go ahead and put your hands behind your back. Okay. >> Do you want your watch to stay here? >> I'll take it. I'll take it. Sorry. >> Take it off. I think so. >> Do you have any medical equipment on you that no syringe or anything like that? Okay. >> Okay. >> And if you need to keep should be good. Okay. You do have to do a full search. Okay. So, everything will come out of your pockets. >> No needles, no nothing sharp, nothing like that. >> I want you to stay with you or >> Oh, yeah. She's going this way. Nothing in your box. Uh >> I just have to check this back pocket. Okay. >> Same with this one. >> Okay. Then I do have to check uh your chest area. The back side of man. Okay. Nothing you keep in your bra normally. I'll see you in the back real quick. Okay. I'll put suppressor. >> She was charged with child endangerment. The child was evaluated and appeared to be physically unharmed, but showed clear signs of heat rellated distress. Her trial is pending with the felony charge.