Bail reduced for Napa mom charged with killing her children in DUI crash

NAPA, Calif. - A Napa County judge on Tuesday set reduced bail for a mother charged with driving under the influence after the car crash that killed her two children.

Yesica Barajas' bail was set at $500,000, down from the $1.5 million set at a March 18 hearing.

It's unclear if Barajas, 31, will be able to raise the funds to secure her release.

Day in court

What we know:

Barajas is charged with two counts of gross vehicular manslaughter while intoxicated, a felony count of driving under the influence of alcohol and a drug, causing injury, and two counts of felony child abuse.

She faces 13 years in prison if she's found guilty of all charges.

"Most people would think that 13 years is not enough. You’ve taken the lives because of your negligence of two of your children, but the way our law reads, the most a judge can do in sentencing is 10 years, that’s the aggravated term for one death of one child," explained Michael Cardoza, a legal expert.

Robert Casper, Barajas' attorney said he had petitioned for his client to be released on her own recognizance, with 'certain terms and conditions.'

"The judge declined to go that far but he did reduce her bail, contingent on if she is released, she still has to abide by those conditions — she's subject to search, drug testing, she has to report to probation, things like that," Casper said.

The Napa County District Attorney declined to comment on pending cases.

What happened

The backstory:

Barajas was arrested on March 16, following the crash that killed her son, 10-year-old Damian Montanez, and daughter, 9-year-old Aaliyah Montanez. California Highway Patrol were notified at 7:20 that morning of a car accident on the southbound side of Highway 29, at the Imola Avenue off-ramp. The driver who reported the crash stated that a black Nissan had veered off the road and crash into a tree.

An investigator said the driver was speeding.

Barajas was injured in the crash, and briefly hospitalized at Queen of the Valley Hospital. Upon her release she was booked into the Napa County Department of Corrections.

Napa County records show Barajas has a history of traffic violations, which influenced the charges brought against her.

"Barajas additionally faces allegations that the crimes encompassed serious felonies, great bodily injury, bodily injury to more than one victim, vulnerable victims, that she was in a position of trust, and that the crimes constitute an increased level of seriousness from her prior crimes," the Napa County District Attorney said in a statement shortly after her arrest.

Support from loved ones

Family Ties:

Family members have set up a GoFundMe to help with the children's funeral costs.

As of Tuesday morning, the page had raised over $50,000, and donations had been disabled.

Members of Barajas' family showed up in court to show her support on Tuesday.

"She has tremendous family support. There were 12 or 15 people there today, a lot of people that love and support her," Casper said. "Let's not forget they're grieving too, they lost a couple of beloved family members, so while they're supporting her, they're also grieving with her, and she's grateful for that."

What's next 

A request was made to allow Barajas to be released for at least 12 hours on Monday, if she is unable to post bail. She is expected back in court on Friday.