Driver Charged in Homestead Tot's Van Death

Manslaughter charge for driver in death of Dominicue Andrews

The driver charged in the death of a left a toddler inside a van outside a Homestead daycare is said by a woman who raised him to be "devastated" over the child's death.

Family members of 22-month-old Dominicue Andrews, however, are unsympathetic.

"I don't really care because my nephew is gone," said Malick Bryant. "He wasn't thinking about being heartbroken and all that while [a search for Andrews] was going on. Now that he got a case on his behind he wanna play like he heartbroken and all that. We ain't feeling sorry for none of that."

Lelier Perez Hernandez, 23, was freed on $15,000 bond Saturday following a Friday arrest on charges of aggravated manslaughter of a child and tampering with physical evidence of a deceased person.

Dominicue Andrews was found inside the van at the Jomiba Learning Center on July 12 after he was left strapped in a car seat the entire day, according to an arrest report.

The report said Hernandez had picked up Andrews at 7:30 a.m., and that the boy was one of 16 children the driver brought to the learning center that day.

When he got to the learning center, Hernandez was responsible for getting all the children off, but Andrews was left behind, the report said. After dropping off the children, Hernandez moved the van but still didn't find Andrews, the report said.

After several hours, Hernandez realized Andrews wasn't in his classroom, and he went to check on the van after he remembered picking him up, the report said.

The report said Hernandez found the boy, still strapped into his seat and unresponsive and not moving. Hernandez took Andrews out of the van and placed him on a concrete slab, the report said.

But rather than tell anyone about Andrews' condition, Hernandez left the boy and joined in the search for Andrews with teachers and staff members at the school, the report said.

Another staff member found Andrews a short time later, but by that time, it was too late. Andrews was pronounced dead at the scene.

An autopsy determined Andrews "died due to his confinement inside the closed vehicle and that the manner of his death was accidental," the report said.

Hernandez told police he'd forgotten Andrews inside the van, and admitted he'd forgotten to check the van after dropping the children off, the report said.

"[Hernandez], through his actions, demonstrated an entire want of care and a gross, careless, and flagrant disregard for the safety and care of the victim by failing to remove him from his car seat and by further failing to check to make sure the victim and all of the children had been removed from the van when he parked it for the day," the report said.

Andrews' family has filed a lawsuit against the day care center.

"They're devastated at the loss of their son ... This is a very close family, and they're just beside themselves," said Paul Layne, the attorney for Andrews' father. "They are thankful, though, to the state attorney's for the attention they've given this case and their continued efforts. And they're gonna continue to help in any way that they can to get criminal justice for their lost son."

The center's owner, Misael Ramos, said last month that he was voluntarily closing the facility until the investigation is complete.

It wasn't immediately known whether Hernandez had an attorney.

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