On June 10, 2012, Zach and Aileen Smith were traveling along Interstate 25 in San Miguel County, when a vehicle driven by Ramon Hernandez, 43, crashed into their car.
Aileen Smith suffered severe contusions to her midsection as well as a broken sternum. She was seven months pregnant with the couple’s first child.
Dimitri was delivered by c-section, but any hope of the baby boy's survival was quickly dashed.
Dimitri lived for about one minute, dying from massive head trauma.
It was not the illegal alien’s first DUI.
According to the New Mexico State Motor Vehicle Division, Hernandez was convicted of DUI twice in 2000, once in 2003, and again in 2004. He was driving on a revoked license at the time of the fatal crash. His license was reportedly suspended due to unpaid traffic tickets.
On her page, entitled "Justice For Dimitri," Aileen states:
My husband and I were newly married and were heading south on I-25 for our baby shower when an 8-time repeat drunk driving offender and illegal alien flipped a u-turn on the highway, 10 feet in front of us. My side of the car made first impact with his vehicle, causing a devastating crash that led to my son's death.
Hernandez was originally charged with felony DWI and causing injury to a pregnant woman, but after further consideration Las Vegas, N.M., District Attorney Richard Flores added the charge of vehicular homicide.
Ramon Hernandez was convicted of vehicular homicide and causing great bodily injury to a pregnant woman, and sentenced to nine years in prison.
Unfortunately, in 2016, the conviction was thrown out by the New Mexico Court of Appeals on a technicality.