Boy, 2, Died After Being Swept Away in Calif. Floodwaters — His Dad Has Now Been Charged in His Death By Ingrid Vasquez

A month after a boy was fatally swept away in California floodwaters, his dad has been charged in connection with his death.

Charges were filed against Brandon Aguilera-Padilla, 26, the father of the late 2-year-old Xavier, on Tuesday, Oct. 21, according to the San Bernardino County District Attorney’s Office.

Aguilera-Padilla was arrested at his home in Barstow, Calif., without incident on Friday, Oct 17, the Barstow Police Department said.

The police department previously booked him into the San Bernardino County Sheriff’s Department High Desert Detention Center on a murder charge, which was dropped during his arraignment on Tuesday, according to ABC7.

The district attorney’s office is now pursuing two lesser charges against him — vehicular manslaughter with gross negligence and child abuse/endangerment under circumstances or conditions likely to cause GBI or death — per the district attorney’s news release.

The latter count “includes a special allegation of willful harm or injury resulting in death,” the D.A.’s office said.

Aguilera-Padilla entered a not guilty plea to both charges. His bail was set at $200,000, and his pre-preliminary hearing is scheduled for Monday, Oct. 27, with the preliminary hearing set to take place the following day, per the district attorney’s office.

Although the district attorney’s office did not release any information about the evidence connecting Aguilera-Padilla to the crime, the Barstow Police Department, which assumed responsibility for the investigation, stated that detectives spoke with witnesses and gathered evidence during a “month-long investigation.”

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“Based on evidence obtained, detectives secured an arrest warrant for him,” the police department said in its press release.

According to the Barstow Police Department, at approximately 7:14 p.m. local time on Thursday, Sept. 18, officers and the Barstow Fire Protection District were dispatched to the 24000 block of West Main Street for reports of a vehicle that floodwaters had swept away.

As the vehicle was carried into a wash north of West Main Street, it was overtaken by floodwaters, separating Aguilera-Padilla and Xavier, who had managed to exit the vehicle. Xavier’s aunt, Leeanna Kay, previously told Fox affiliate KTTV that the child had autism and was non-verbal.

Aguilera-Padilla was found on an island created by the floodwaters and was taken to Barstow Community Hospital, where he was later released, according to the Barstow Police Department.

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After an extensive search involving first responders and civilian volunteers, Xavier’s body was found in the San Bernardino County Flood Control channel south of the Mojave River on Friday, Sept. 19, the City of Barstow shared in a news release.