Abigail Margulis

amargulis@citizen-times.com

Editor's Note: The latest news: No further charges for driver.

ASHEVILLE – Two children crossing a busy five-lane road with their babysitter were fatally struck by an unlicensed driver Thursday night, police said.

The babysitter, Aurora Garcia, was injured, while the children, Alexander Bautista-Gomez, 10, and Milena Alejandro-Bautista, 5, were killed during their trip out for dinner.

Elvin Jossue Hernandez, 20, of Asheville, was driving a 2003 Acura when he hit all three in the middle of an intersection where there is a traffic signal but no pedestrian crosswalk, police say. The speed limit is 45 mph on that stretch of Fairview Road.

Hernandez was arrested for not having a valid North Carolina driver's license and charged with driving with no operator's license, according to police records.

He was jailed at the Buncombe County Detention Facility in lieu of a $1,500 secured bond.

Hernandez is self-employed and works in construction, according to police records. His court appearance was scheduled for Jan. 5.

Police on Friday did not know whether Hernandez was speeding or impaired, said Wallace Welch, spokesman for the Asheville Police Department.

Garcia had been babysitter for the children since they were little and thought of them as her own grandchildren, her son, Alfredo Gutierrez, said.

They had been crossing the road around 6:15 p.m. to go to Subway, Gutierrez said.

"I still can't believe it. I think I'm dreaming," Gutierrez said Friday as he stood in the Oakley Plaza parking lot near the intersection where the fatal crash occurred. Family members of the children could not be reached.

The intersection connects two shopping centers with several businesses and restaurants that can be accessed from Fairview Road.

The Oakley Plaza shopping center consists of businesses including Sona Pharmacy, Little Caesar's Pizza, Subway, a Mexican restaurant, Advance Auto Parts and Babies R Us.

A few fast food restaurants, a CVS, a nail salon, and about 10 other businesses are in the River Ridge Shopping Center across from Oakley Plaza.

After the accident, Garcia was sore but otherwise suffered no severe injuries, her son said.

"My mom, she's gonna be OK, but emotionally it's going to be terrible," Gutierrez said.

Milena was in kindergarten at Estes Elementary, and Alexander was a fifth-grader at Koontz Intermediate School in South Asheville, according to officials with Buncombe County Schools.

Milena's teacher, Megan Torgerson, said the 5-year-old was loved by her classmates, teachers and her entire Estes family.

"She was known for her sweet smile, happy personality, and her hugs for her teachers at the end of every day," Torgerson said. "She cared for others and loved making people feel special. I speak for the entire Estes family when I say we love her and we miss her."

Koontz Intermediate's Principal, Robbin Board said, "Alex was an intelligent and energetic student who brought joy to the classroom."

Alex was also a leader, Board said.

"He never hesitated to help when needed, and he was a true role model for all," Board said. "Our school family is devastated by the loss of one of our shining stars."

Counselors and social workers from the district’s crisis recovery teams were at both schools Friday. The teams were going to stay "as long as necessary," officials said.

Gutierrez has known the children since they were little. His daughter Brenda grew up with them.

“They were really fun to be around,” the 14-year-old said. “They were just like little cousins to me even though they weren’t related (to him).”

Brenda Gutierrez said the family had plans with the two children for Friday. They were going to the mall.

Instead, the Gutierrez family gathered at the intersection where the children were killed with items brought to remember them.

A princess balloon, a Spider-Man balloon, a stuffed animal and a doll were placed on the side of Fairview Road.

“Do you think we are able to put one cross? Maybe one little stone in the ground? We’re never going to forget this,” Alfredo Gutierrez asked Friday afternoon. “I feel like they were part of my family.”

Employees at several businesses near the accident location say vehicle-pedestrian accidents are rare.

There have been no other accidents along Fairview Road near Oakley Plaza dating back to 2011, according to police records.

The Asheville Police Department’s Traffic Safety Unit is handling the accident investigation, which was ongoing Friday. Investigators planned to go back to the scene to reconstruct the accident to determine how fast Hernandez was traveling before striking the pedestrians, Welch said.

The reconstruction process could take about a week, he said.

Anyone with information about this incident is asked to call the Asheville Police Department at 828-252-1110.

Staff writer Julie Ball contributed to this report

Eblen Charlies has set up a fund to help the family with funeral expenses and other personal needs. To contribute, visit http://www.eblencharities.org/ or mail a check to the agency at Eblen Charities, 50 Westgate Parkway, Asheville, NC 28806. For more information, contact executive director Bill Murdock at (828) 255-3066.