Mother to be charged in daughter's death

NEAR MISSION — A young girl died Tuesday evening when her mother rolled the Chevrolet Malibu she was driving north of Mission.

Texas Department of Public Safety officials say 23-year-old Nereyda Martinez, of Mission, was intoxicated when she lost control of her car about 7 p.m. near the intersection of Mile 8 1/2 and Iowa Avenue.

Martinez’s two daughters were passengers, said Trooper Johnny Hernandez, a local spokesman for DPS. Carolina Martinez, 7, was thrown from the car and died at the scene. She was not wearing any type of safety restraint.

State law requires that any child under the age of 8 be buckled into a child safety seat — unless the child is taller than 4 feet 9 inches.

The Malibu’s other passenger, a 1-year-old girl, was in a car seat, Hernandez said. However, the car seat was not properly secured with the seat belt.

State officials said the infant was examined at McAllen Medical Center and was released to a relative after hospital staff determined the girl was not injured.

The state’s Child Protective Services division is investigating Tuesday’s incident alongside DPS.

“(Nereyda Martinez) had no business driving intoxicated,” Hernandez said. “As far as the child (who died), anybody under the age of 8 should be in a booster seat with proper restraints. That's the law and this is why it should be followed.”

Last year, 71 children under the age of 8 died in auto wrecks across the state, according to the Texas Department of Transportation. Thirty-three of those children were not wearing any kind of safety belt. Three of the fatalities happened in the Valley.

Nereyda Martinez remained in stable condition Wednesday in McAllen Medical Center’s intensive care unit, Hernandez said. She will face intoxication manslaughter charges after the hospital releases her, he added, noting she was also driving without a license.

Intoxication manslaughter is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000 upon conviction.

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Lindsay Machak covers law enforcement and general assignments for The Monitor. You can reach her at (956) 683-4462.