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Father of two kids killed retrieving luggage on SR-78 says mom not to blame

Posted at 5:34 PM, Jun 20, 2023
and last updated 2023-06-21 17:50:18-04

VISTA, Calif. (KGTV) - The father of the two children hit and killed on state Route 78 in North San Diego County on Father's Day says their mother is not to blame.

"My wife loved our kids and my wife would have done anything for them and she did not go up and tell them to get out of the car," said Miguel Aguilar.

Aguilar addressed reporters outside of the apartment where his mom has a room. His mom, sister, and aunt surrounded him.

His 16-year-old daughter, Amy, and his 10-year-old son, Alan, were killed when they ran onto the freeway Sunday evening to retrieve luggage that fell from their mom's SUV.

"My wife had pulled to the side, she told my kids not to get out but before she even told them they were already off, my daughter got out of the car and my son just followed right after," said Aguilar.

The two kids were hit and killed on the eastbound side of the 78 near the Mar Vista exit. The woman who hit them stayed at the scene and is cooperating.

Aguilar was at his mom's apartment just a couple of miles away. He got to the scene within minutes.

"The hardest moment as a father to see two bodies laying there, I'm not sure who it was," said Aguilar.

His wife, 33-year-old Sandra Ortiz, was arrested at the scene. She's in jail on a $500,000 bail facing charges that include gross vehicular manslaughter and DUI. Aguilar said he's anxious to see the toxicology report.

"I wouldn't say she was under the influence. I would probably say she drank a beer or so, that's it, but to say she was in a position where she was drunk, I wouldn't say that," said Aguilar.

The family of eight recently moved back to San Diego from Arizona. They were living in their SUV when they couldn't afford motels. The SUV is now impounded as evidence.

"I know there's going to be critics out there that say that we had our children staying in the vehicle but it's either that or being in the streets," said Aguilar.

He said the family spent Father's Day together at a park during the afternoon.

He said his wife and kids were going to another park because his 16-year-old daughter wanted to sell bracelets to help the family. The bracelets were in one of the bags that flew onto the freeway.

"She was trying to make money to buy their father a gift for Father's Day since we didn't have money," said Aguilar.

He said he's trying to stay strong for his four surviving children, ages 7 to 12. They witnessed their siblings killed on the freeway; Aguilar said his 12-year-old daughter is taking it the hardest.

"She saw that he only had one eye open the other closed, she saw the bruises on his stomach, his little face all bloody, she seen the fact they tried to save her sister," said Aguilar.

His mom rents a room out of an apartment in Vista. He said the family was showering there, but right now they have nowhere to go.

"Sadly, before we could have our dream of having our own home being together this had to happen," said Aguilar.

He says Amy and Alan are his angels now.

"I know they're looking down at their father right now, trying to give them the strength to move up from this horrible nightmare. I wish I could wake up, but I can't," said Aguilar.

Ortiz is due in court on Thursday.

"Her husband and her children are going to be right there by her side when she gets out," said Aguilar.

A GoFundMe has been set up to help with funeral expenses. The family is also having a memorial and fundraiser Sunday morning at eight at Sunset Park in San Marcos.

Listen to Miguel Aguilar's reaction below: