California mother who hurled disabled baby son to his death off four-story parking lot in 2011 could get PAROLE after appeals court ruled original sentencing failed to consider her mental illness

A California mother who hurled her disabled baby son to his death off a four-story parking lot could be up for parole after an appeals court ruled the original sentencing failed to consider her mental illness. 

Sonia Hermosillo, 44, was originally sentenced to 25 years to life in August 2021 in connection with the August 2011 death of her infant son, Noe. 

The mother-of-three was accused of murdering her seven-month-old son by throwing him off a hospital parking garage in Orange County. 

A California 4th District Court of Appeal upheld the murder conviction of Sonia Hermosillo on Monday - but said judge Kimberly Menninger should have considered elements such as mental illness when determining sentencing.

Now, three justices are handing the sentencing to a lower court for the judge to reconsider whether the woman's mental state should be reason for a probation sentence as opposed to life in prison, The Orange County Register reported. 

Associate Justice William W. Bedsworth said the role of the district court was 'not to render judgment in a moral sense, but only as to the legal issues raised.'

Hermosillo, a mom-of-three (pictured in her mugshot, left), told police she did not love her son, seven-month-old Noe Jr, because he was sick. The infant suffered from several medical conditions and wore a helmet to correct his flat head 

Sonia Hermosillo, 41, pictured in Orange County Superior Court in August 2021, was found guilty of first-degree murder and assault of a child causing death for pushing her infant son off a parking garage in 2011

A California 4th District Court of Appeal upheld the murder conviction of Sonia Hermosillo on Monday but sent the case back to judge Kimberly Menninger (pictured)  to consider elements such as mental illness when determining a new sentence 

'We conclude the trial court failed to take some necessary factors into account during sentencing when considering whether appellant was eligible for probation,' he wrote.

'The grim and paradoxical reality of our system of justice is that it is sometimes unable to deliver a result which feels truly just to all involved,' Bedsworth continued. 'This case provides an especially heartbreaking illustration.'

A jury found then-41-year-old Sonia Hermosillo guilty of one count of first-degree murder and one count of felony assault of a child causing death, in August 2021 sentencing. 

Hermosillo has pleaded not guilty by reason of insanity. 

'The most basic job of a parent is to keep their children safe from harm,' stated Orange County District Attorney Todd Spitzer said during the 2021 sentencing. 'This child didn't even have the chance to take his first steps, say his first word, or even celebrate his first birthday before he was murdered by the very person whose job was supposed to keep him safe.'

According to trial testimony, Hermosillo had struggled with mental health issues after the birth of her third child, baby Noe, who had been undergoing regular treatments at Children's Hospital of Orange County for several medical conditions, including congenital muscular torticollis that twisted his neck from being in utero too long.

'He was sick, and his mother didn't want him,' prosecutor Mena Guirguis told jurors at the trial. 'She made a cold-hearted decision to kill her child.'

Hermosillo's defense attorney claimed that the mom-of-three had struggled with depression and suffered from a psychotic break at the time of his death 

Prosecutors argued that Hermosillo wanted her son dead because he was sick. She had 'hate, resentment and anger' toward the boy 

Pictured: the parking garage at the Children's Hospital of Orange County, where Hermosillo dropped her disabled infant son from the fourth story

'All of these factors would likely have weighed in appellant's favor had they been considered,' Bedsworth wrote in the ruling.

'Appellant's own daughter gave a victim impact statement, imploring the court to have mercy on her mother, saying she did not want to be separated from her, and implying that her mother hand `changed' around the time of Noe Jr.'s, birth,' Bedsworth wrote. 

On August 22, 2011, Hermosillo drove her son to the hospital, even though he did not have a scheduled appointment that day, and parked her car on the fourth floor of the garage.

At around 6.20pm, prosecutors said Hermosillo removed a medical helmet that Noe was wearing to correct his plagiocephaly, commonly known as 'flat-head syndrome,' and pushed him off the roof.

'Hermosillo then walked inside the hospital, validated her parking, and drove away,' the DA's statement said.

A witness who saw the baby falling through the air called 911 and the Orange Police Department responded to the scene. Noe was taken to the trauma center at the University of California, Irvine Medical Center in critical condition. He died two days later.

Shortly after the deadly incident, Hermosillo's husband called the police to report his wife and son were missing.

Noe Medina told investigators that his wife had been diagnosed with depression and was not allowed to be alone with their baby. He said Hermosillo took off with the infant while he was watching the couple's two daughters.

Medina, who has forgiven his wife, said she did not accept their son for being sick.

'She didn't look at our son as normal,' he said of Noe Jr.

Hours later, a police officer spotted Hermosillo driving past the hospital and arrested her.

Hermosillo told police that she had 'hate, resentment and anger' toward the boy 'because he's sick,' authorities said.

Defense attorney Jacqueline Goodman said the child actually was getting better and that Hermosillo suffered from a psychotic break at the time of his death, the Orange County Register reported.

During the police interview, she repeated 'I don't love him' dozens of times, the attorney said.

'That is not a confession. It is mental illness,' Goodman said. 

The lawyer argued at trial that her client was suffering from 'full-blown psychosis' during interviews with police immediately after the crime, telling investigators that Noe Jr would 'always remain a baby,' and even as an adult she would have needed to 'change his diapers.'

Bedsworth wrote, 'It is particularly notable that no member of baby Noe's family asked the court to impose a prison term. Appellant expressed her sadness and remorse about her act of infanticide, and begged to be reunited with her daughters.'

'And there was no evidence before the court to indicate appellant could be a danger to anyone if not imprisoned. In sum, there is simply too little in the record to indicate the trial court properly weighed probation as a punishment for appellant's crime.'