A New Mexico mother has been sentenced to 10 years in prison in connection with the death of her 2-year-old son, who fatally shot himself with a gun he found in her purse. Amillia Garcia, 21, was sentenced Wednesday after pleading guilty to child abandonment and evidence tampering in March.
Prosecutors had sought the maximum sentence of 23 years, arguing that Garcia’s recklessness led to the child’s death. The toddler, Leon, died in April of the previous year while staying at an apartment with friends. Garcia reportedly kept the firearm in her purse for self-defense. Deputy District Attorney Savannah Brandenburg-Koch stated during the sentencing hearing that Garcia was aware of the serious risk firearms pose, particularly to children.
During the court proceedings, Garcia sobbed and pleaded for leniency, expressing her profound grief and the irreparable pain of losing her son. She told the court that no punishment could equate to the suffering she has endured and that her sons mean everything to her.
The gun was in Garcia’s purse when Leon accessed it and the fatal self-inflicted gunshot occurred while Garcia was asleep. Two friends who were present reportedly took the weapon afterward.
Judge David Murphy rejected the prosecution's request for the maximum sentence, characterizing the offense as not a serious violent offense. He acknowledged the unique challenges of the case, including generational abuse, which Garcia cited as a reason for carrying a gun, claiming she had suffered abuse from her father for years. The judge noted that the scales of justice could never be balanced given the loss of Leon’s life. Garcia was also sentenced to five years of probation following her release from prison. The judge expressed his condolences for her loss.
Separately, Garcia’s friend Angel Morales received a two-year prison sentence last month after being convicted of evidence tampering. The sentencing for another individual involved is pending.