Luna County deputy charged as family of 14-month-old boy grieves
DEMING, N.M. – A New Mexico family is grieving the loss of their young child, and a law enforcement officer is facing charges for the tragedy.
The crash in Deming in November killed 14-month-old Wyatt Franzoy and badly hurt his mother.
Dash camera video shows a Luna County Sheriff’s deputy speeding toward a reported robbery in his department-issued vehicle. Investigation documents show he was going more than 130 mph, and he T-boned the family’s car at 99 mph in a 55 zone.
The two heartbroken parents spoke to the media Wednesday with their attorneys.
“I still remember the day he was born like it was yesterday,” said Isabella Hernandez, the boy’s mother. “He was always very happy, always smiling and giggling.”
They said little Wyatt was smart and had a lot of personality.
“Wyatt’s birth was the greatest day of my life,” said William Franzoy, the boy’s father. “He was beautiful and perfect in every way. There almost was never a moment when he wasn’t smiling or laughing.”
They want the deputy and the county to be held accountable for what happened.
“It’s not fair. This Luna County officer gets to go home to his son. Meanwhile, if I want to see mine, I have to go to the cemetery,” Hernandez said.
She said she goes there often. She reads bedtime stories to Wyatt and remembers their brief time with him.
“Wyatt’s sweet voice when he would say, ‘Mama’. It made my heart melt,” Hernandez said.
The crash was sudden and violent.
“I never saw the sheriff’s car speeding behind us,” Hernandez said.
Franzoy rushed to the hospital to see his son.
“When the officer told me my son didn’t make it, I felt the worst pain you could ever possibly imagine,” Franzoy said.
The crash knocked Wyatt’s mother unconscious. She had lots of fractures and internal bleeding, and she lives with pain and brain fog to this day.
“This is something that me or my family will never recover from,” Hernandez said.
Wyatt’s parents said they hardly have the energy to get out of bed every day.
“My first and only son was taken from our family because of a reckless and dangerous driver,” Franzoy said.
Deputy Paul Garcia is facing two criminal charges, including vehicular homicide. Documents were filed Tuesday. He has a court appearance set for May 16.
In 2016, Garcia pleaded guilty to aggravated DWI, and he’s had charges dropped related to child abuse and careless driving.
Attorneys for Wyatt’s family call that a “history of reckless behavior” that ended in him acting recklessly the day of the crash.
They said Luna County is liable and was negligent in hiring Garcia. They said he stayed on the job after the crash, but KOB 4 was not able to reach the sheriff’s office to confirm that.
The attorneys for Wyatt’s family said anyone who witnessed the crash is asked to call the Tawney, Acosta & Chaparro P.C. El Paso office at 915-308-1000.