Father of girl killed while trying to cross Highway 101 allegedly had her living in “deplorable conditions”

PRUNEDALE, Calif. (KION-TV) UPDATE ON JULY 14, 2023 AT 2:42 PM: The Monterey County District Attorney's Office has released new details about what they claim to be negligence on a Prundale father's part that led to the death of his nonverbal autistic daughter.

In a new criminal complaint, the district attorney's office said Jermain Gonzalez, 42, failed to provide safe and adequate living conditions to his 7-year-old daughter Eliana in the months and weeks leading up to her death. On three reported occasions since 2021, she was found on Highway 152 or Highway 101 by law officials.

The first reported time was in April of 2021 when Eliana was left in the care of her 13-year-old sister and ended up on Highway 152. A driver spotted her and stayed with her until law enforcement arrived, per the DA's office.

On March 20, 2023, CHP found her on Highway 101 at around 11 p.m. and said she had a soiled diaper, dirty clothing and her hair was in knots. Her father called five hours later to report his daughter had gone missing, claim the DA's office.

Child Protective Services held her for several days and told him to install locks and secure the property. He was also provided access and to funds to buy said things. He was told if she escaped again she could be killed and Jermain said he understood.

On the day she was killed after being hit by two vehicles on April 7, the same CHP officers that responded weeks prior were at the scene, per court documents. Officers responded to Jermain's residency on the 17300 block of McGuffie Road and reported he smelled of alcohol and was unaware Eliana left the property.

Court documents allege Jermain was living in a trailer on the property with his daughter and it was in "deplorable" condition. The interior of the trailer had an "overwhelming stench" and there was trash and debris on the floor, the stove and toilet were inoperable, there were soda and alcohol containers in the sink, black mold and rotted food in the refrigerator and fecal matter and mold was seen throughout the trailer, claimed the criminal complaint.

The trailer door was also not secure and had noticeable structural damage, "It was not capable of containing a 7 year old child who wanted to get out," said the court documents.

The documents further alleged Jermain frequently failed to get her to school, even with the school district arranging transportation for her.

When she did show up her teachers would often complain that she smelled bad, claimed court documents. They had to open a window or bathe her and she was provided clean clothes from the teacher's own children. She was also given food because she appeared hungry.

Jermain is scheduled for arraignment on September 27, 2023, and faces second-degree murder charges and felony child abuse charges.

Father of girl killed while trying to cross Highway 101 pleads not guilty to second-degree murder

UPDATE ON JULY 14, 2023 AT 2:42 PM: A Prunedale father charged with murdering his autistic daughter made his first court appearance Friday in the Monterey Superior Court after having his arraignment delayed due to medical reasons.

Jermain Gonzalez, 42, was appointed a public defender and pled not guilty to charges of second-degree murder and felony child abuse pertaining to the alleged murder of his 7-year-old daughter Eliana.

His next court appearance will be on July 26 and his bail remains at $1,00,000, as ordered by a judge.

When we last spoke to the Monterey County District Attorney's Office they said, "He had a duty to make sure she wasn't going to get hurt or get killed in a preventable way. In a way, he knew that was preventable and he failed in that burden of proof, he was criminally negligent in his failure to protect her and prevent her from fleeing home," said Assitant District Attorney, Lana Nassoura.

DA: Arraignment postponed for father of girl killed while trying to cross Highway 101

UPDATE ON JULY 7, 2023 AT 3:29 PM: A Prunedale father charged with murdering his autistic daughter was supposed to make his first court appearance Friday in the Monterey Superior Court.

The Monterey County District Attorney's Office cited medical reasons for Jermain Gonzalez, 42, not being transported from Monterey County Jail to his court appearance. They would not elaborate on what the medical reason was.

His arraignment has been postponed until July 14, per the district attorney's office. He is being charged with second-degree murder, two felony counts of child abuse and a misdemeanor child abuse charge.

The Father of 7-year-old Eliana got arrested Thursday after prosecutors tell KION he allegedly maliciously and negligently failed to perform his legal duty to care for his autistic daughter.

"He had a duty to make sure she wasn't going to get hurt or get killed in a preventable way. In a way, he knew that was preventable and he failed in that burden of proof, he was criminally negligent in his failure to protect her and prevent her from fleeing home," said Assitant District Attorney, Lana Nassoura.

Eliana was struck by a vehicle while she was trying to cross Highway 101 alone in Prunedale back in April.

CHP Monterey says this was not the first time Eliana was unattended.

"We did have incidents with the father, Jermain Gonzalez, about three weeks prior to this crash that happened, this fatal crash," said CHP Monterey Public Information Officer, Jessica Madueno said.

Court documents also indicate that Jermain Gonzalez was issued an arrest warrant on June 29 on the 17300 block of McGuffie Road, near where Eliana was killed.

Prosecutors say that had Gonzalez met his duty of care, he wouldn't be in the position that he is in today.

"I believe had he met his duty of care, had he taken the steps, he could have possibly prevented it from happening. He certainly didn't try to prevent it from happening, which is the reason he's been charged," said Nassoura.

DA: Father of 7-year-old girl who was killed while trying to cross Highway 101 charged with second-degree murder

UPDATE ON JULY 6, 2023 AT 1:19 PM: The father of a young girl that was killed in April while she was trying to cross Highway 101 near Prunedale was arrested by California Highway Patrol and was charged by the Monterey District Attorney's Office on Thursday.

Jermain Gonzalez, 42, of Prunedale was booked into Monterey County Jail on charges of second-degree murder and felony child abuse. The young girl, identified as Eliana “Nichie” Paloma Gonzalez by her father, was under his care when she was killed by oncoming traffic, said CHP.

Read more: Father of girl killed crossing Highway 101 speaks about coping with losing his wife and daughter

CHP has released the following timeline:

At 10:49, a 7-year-old autistic girl was trying to cross Highway 101 south from the west road edge toward the center median. A Salinas man in his 30s was driving a 2018 Nissan southbound in the number one lane at 65 miles per hour.

The man said the child was wearing all black and was directly in front of his vehicle. He tried turning left to avoid the child but was unable to and hit her with the right front of his vehicle, said CHP.

The 7-year-old was pronounced dead on the scene. Highway 101 South was closed for around two hours for investigators to gather evidence and determine the facts of the case.

The subsequent investigation revealed that the child lived with Gonzalez and was under his custody. It was also evident that Gonzalez was fully aware of his daughter’s strong propensity to elope.

Despite this knowledge, Gonzalez failed to provide essential safety and security measures for his child. Furthermore, he knowingly and willingly displayed negligence, endangering the child over an extended period, which ultimately led to the death of his daughter

Furthermore, he knowingly and willingly displayed negligence, endangering the child over an extended

period, which ultimately led to the death of his daughter.

California Highway Patrol

Three weeks before the deadly crash the child was found and rescued by CHP officers as she was seen running on Highway 101 south of Highway 156 late at night.

The Monterey County District Attorney's Office reviewed the case carefully and choose to file criminal charges against Jermain Gonzalez for second-degree murder and felony child abuse, per CHP. "Gonzalez is alleged to have maliciously and negligently failed to perform his legal duty to care for Eliana," said the district attorney's office.

Gonzalez is also being charged with felony child abuse for the incident that occurred 3 weeks before the deadly crash on March 20, 2023, said the district attorney's office. Gonzalez is alleged to have failed his duty as her guardian and put Eliana under circumstances likely to produce great bodily harm or death.

The district attorney's office also charged him with "child abuse for permitting Eliana’s health to be endangered as a result of the manner of care that he provided to Eliana from January 1, 2022, to the date of her death. It is also alleged that Eliana was a particularly vulnerable victim and that Gonzalez’s crimes involved a high degree of cruelty or callousness."

He is scheduled for court for the above charges in the Monterey Superior Court on July 7, 2023, at 1:30 p.m. His bail is set at $1,003,500, per the Monterey County Jail.

7-year-old girl who was killed while trying to cross Highway 101 has been identified

UPDATE ON APRIL 9, 2023 AT 12:38 PM: The 7-year-old girl who was killed while trying to get across Highway 101 near Pruendale on Friday night has been identified.

Family told KION that Eliana “Nichie” Gonzalez was the girl's name. She lived with her father near the freeway and was in the area because she had autism, said family members.

The Monterey County Sheriff's Office also confirmed the girl killed in the crash was 7-year-old Eliana Gonzalez.

She is the youngest of three girls, the others being 13 and 15, and just six months ago, she lost her mother to a combination of hepatitis C and lupus. The girl's father, Jermain Gonzalez, has been taking care of all three of his children since they lost their mother.

Family said Jermain had watched Eliana go to sleep and then fell asleep after and that's when she got out of the house.

KION has asked the CHP if any criminal charges will be placed. The Monterey County Sheriff's Office would not comment further and deferred to CHP-Monterey. CHP Monterey would not comment on any additional information given by the family and that this is still an ongoing investigation.

The family has set up a GoFundMe page which is right here.

7-year-old girl killed while trying to cross Highway 101 near Prunedale

The California Highway Patrol said a 7-year-old girl was hit and killed by a vehicle while trying to cross Highway 101 Friday night.

CHP said at around 10:50, they received a vehicle versus pedestrian call on south Highway 101 south of Highway 156. Initial reports said that several passing vehicles hit the female juvenile on the freeway.

CHP has released the following initial timeline:

At 10:49, a 7-year-old female from Salinas was trying to cross Highway 101 south from the west road edge toward the center median. A Salinas man in his 30s was driving a 2018 Nissan southbound in the number one lane at 65 miles per hour.

The man said the child was wearing all black and was directly in front of his vehicle. He tried turning left to avoid the child but was unable to and hit her with the right front of his vehicle, said CHP.

The 7-year-old was pronounced dead on the scene. Highway 101 south was closed for around two hours for investigators to gather evidence and determine the facts of the case.

This incident is still under investigation, but CHP says drugs and alcohol are not factors in this crash. Anyone with additional information is encouraged to come forward.