EL PASO, Texas (KTSM) – Luna County commissioners approved a $7 million settlement on Thursday, Nov. 14, in the civil lawsuit brought by the family of the 14-month-old baby boy who was killed in a high-speed crash involving a Luna County Sheriff’s deputy.
Photo by Edith Montero – KTSM
Photo by Edith Montero – KTSM
Photos by Edith Montero – KTSM
Attorneys and the family of the baby boy who died, Wyatt Franzoy, held a news conference at 1 p.m. on Thursday, Nov. 14, at 7016 Orizaba Ave. to discuss the approved settlement.
As we have previously reported, the crash happened on Nov. 11, 2023, near Deming when Isabella Hernandez was headed home with her son “safely buckled in his car seat in the backseat.”
As Hernandez turned onto Voorhies Road, her car was struck by Paul Garcia, a former deputy with the Luna County Sheriff’s Office, who was driving a marked unit, according to Tawney, Acosta & Chaparro P.C.
The law firm said Garcia was going over 130 mph on a two-lane highway with a speed limit of 55 mph.
According to the Sheriff’s Office reports, Garcia’s vehicle was traveling in the wrong lane and brutally T-boned Hernandez’s car, causing severe injuries to her and killing her son.
At the time of the crash, Garcia and another officer were responding to an alleged robbery in progress, though other officers “managed to arrive without taking the same reckless measures,” the law firm said.
The law firm said that 11 months after 14-month-old Wyatt Franzoy died, Garcia was terminated from the Luna County Sheriff’s Department.
“Every day is a reminder of what happened and what I lost,” Hernandez said. “Paul Garcia not only took my son but continues to take from me every day. I’m stuck in a cycle of doctor appointments and medical tests, just to deal with the physical pain left behind. The pain in my body mirrors the pain in my heart — a constant reminder of the day my world shattered forever.”
Hernandez suffered fractures to her collarbone, pelvis, ribcage, and both of her wrists. The crash caused bleeding in her liver and nerve damage. She has constant neck and back pain, and mental fog that never goes away, according to the law firm.
“I am my son’s voice now, and I won’t stop telling his story,” Hernandez said. “Wyatt deserves justice, and I will fight for it, so no other family has to feel this pain. This settlement is a start toward holding former Deputy Garcia and Luna County accountable, but it isn’t the end. It’s the beginning. We’re laying down a foundation so that tragedies like this can be prevented so that officers who are supposed to protect us are actually held to that standard.”
The law firm said Garcia has had a history of “bad decisions” before being hired by the Sheriff’s Department.
The law firm said Garcia pleaded guilty to aggravated driving while intoxicated (DWI) and refused to test for drugs or alcohol in 2016.
According to court records, this was Garcia’s second offense. He has also been charged with three counts of child abuse and one count of careless driving. All those charges were dropped, according to the law firm.
“This was no accident,” Daisy Chaparro-Cavazos, partner at Tawney, Acosta & Chaparro and Hernandez’s attorney said. “This was the result of reckless, dangerous, and utterly avoidable actions. What’s even more troubling is that Garcia had a documented history of reckless behavior. How did a man with such a record get hired to serve and protect?”
Chaparro-Cavazos emphasized the family’s fight for justice goes beyond financial compensation.
“Today’s settlement with the county represents a necessary step in holding law enforcement accountable, but it’s far from enough. We’re calling for reform to the entire system–a fundamental change in the hiring, training, and supervision processes in Luna County and beyond to prevent future tragedies. Had there been proper screening and oversight in place, Garcia likely wouldn’t have been hired, and Wyatt would be with us today,” Chaparro-Cavazos added.
The law firm said Garcia is still facing criminal charges for vehicular homicide and reckless driving causing great bodily injury. That trial is scheduled for August 2025.
“Wyatt’s family and the Tawney, Acosta & Chaparro legal team will continue to advocate for full accountability through every channel possible,” according to the law firm.
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