Driver ‘devastated' after crash that killed 8-year-old: attorney
BAKERSFIELD, Calif. (KGET) — Since October, when her car hit an 8-year-old boy, inflicting fatal injuries, Judith Deval has experienced 'complete emotional difficulty,' her attorney said Friday. She's felt afraid, is in therapy and hasn't driven a car.
Defense lawyer Kyle J. Humphrey said he believes she has post-traumatic stress disorder.
Deval was charged this week with vehicular manslaughter with gross negligence, a felony. Police say Deval was carrying on a phone conversation — holding her cellphone to her ear — when the crash occurred.
Humphrey, however, said what happened was an accident, plain and simple.
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'My client was involved in this tragic, terrible accident that has hurt everybody, herself included,' he said. 'She's devastated by it, she has so much pain for that family . . . in something where there was no alcohol, no drugs, no intention. A simple accident that could happen to anybody.'
The boy's family doesn't see it that way. They told 17 News' Connor Dore that it's illegal to have your phone in your hand while driving — and they want Deval to see jail time.
The District Attorney's Office declined comment 'to protect the integrity of the case.'
On the afternoon of Oct. 16, Deval, 41, allegedly had her cellphone to her ear, talking with an aunt while driving north on Holtby Road. She came to a complete stop at Bank Street to let children and parents pass, then began moving forward.
She never saw Ricardo Aguilar as he crossed from the north sidewalk, according to police.
Her car hit him and he went under the front wheels, police say in a court filing. Deval stopped and got out, but left the car in reverse instead of park; it backed over the boy.
Ricardo died the next day.
Humphrey said this is a situation where an object goes unnoticed for a moment, and tragedy results.
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He said he's only recently received reports, and would not confirm his client was on the phone or otherwise distracted. But he questioned whether being on the phone while driving was more distracting than listening to the radio, talking with a passenger or drinking from a water bottle — all legal activities.
'I think people want to have a bad guy, and they forget that accidents happen, and can happen to any of us,' he said. 'It doesn't change the tragedy for the family, but there's certainly no criminal intent.'
A preliminary hearing in the case is scheduled in May.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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