SAN DIEGO — Sandra Ortiz pleaded not guilty Thursday to six felony counts of child endangerment and two misdemeanor DUI charges. This is after her 10-year-old and 16-year-old got out of their car on the freeway and were hit and killed by another car on Father's Day.
Ortiz was released by the judge while she awaits her next hearing. The judge will allow Ortiz to attend the funeral and wake for her two children who were hit and killed. However, Ortiz is ordered to not have contact with her other children but she can talk to them on the phone.
The deputy district attorney argued to keep her bail at $500,000.
"The defendant was driving with a BAC of 0.14 while having her six children without a seatbelt, unsecured in the car, driving under the influence is a public safety concern," said Stephanie de Jesus, deputy district attorney.
De Jesus says the family moved here from Arizona in December, 2022, they do not have a stable home and the kids do not go to school.
The other four siblings were in the car and witnessed the deaths.
The judge says under Ortiz's release she can't drink, drive and must obey all laws.
The children's father, his family and Ortiz' family were in court but did not want to comment. On Tuesday CBS 8 spoke with the father who defends the mother.
“I wake up looking at their faces in my head,” said their father, Miguel Aguilar, in an interview with CBS 8.
Aguilar spoke about the tragedy that happened just hours after celebrating Father’s Day with his six kids and their mom, his partner of 13 years.
Aguilar received a call about a crash along the SR-78 freeway in Vista involving his family. He rushed to the scene, where he learned 10-year-old Alan and 16-year-old Amy had both died after being hit by a car.
"The hardest moments to see as a father is just to see two bodies laying there," said Aguilar.
According to investigators, Ortiz pulled over after a piece of luggage fell off their car. That's when Alan and Amy got out to retrieve it and were hit by another vehicle.
Aguilar said despite reports Ortiz told them to get the luggage, that's not the case at all.
"She seen the luggage fall off. My wife had pulled to the side. She had told my kids not to get out, but before she told them they were already off. My daughter got out of the car and my son followed her after. My wife has nothing to do with it. It is not her fault. She has nothing but love for her kids and right now she's in a place where she's alone and I wish I could be with her," said Aguilar.
Regarding the DUI charge, Aguilar does not believe Ortiz was under the influence.
Ortiz will be back in court for a readiness hearing on June 30 and a preliminary hearing has been scheduled for July 5.
If convicted, Ortiz faces 20 years in prison.
WATCH RELATED: Father of kids killed on freeway defends their mother, says she's not at fault (Jun 20, 2023)