2nd charge in death of Sophia Martinez

AUSTIN (KXAN) - The suspect wanted in connection with the New year's death of 13-year-old Sophia Martinez was charged with indecency with a child on Wednesday.

The new charge against Mario Hernandez, who last week was charged with endangering a child, was issued after the friend who was with Sophia told police that she had seen the 23-year-old man kissing the girl at his home on New Year's Eve.

Sophia and her 15-year-old friend slipped away from where they were supposed to be spending the holiday and were taken to the home of Hernandez and his roommate. Sophia was unresponsive on New Year's morning and was taken by one of the men to another home and left in the driveway.

She was pronounced dead at a hospital that afternoon.

The arrest warrant affidavit from last week charging Hernandez with child endangerment and the one released Wednesday say that the men had given the two teens several alcoholic drinks.

Based on interviews with the 15-year-old, police determined Sophia was given at least five servings of vodka and four servings of whiskey. The other girl said that she also drank alcohol -- enough to blur her vision. When the 15-year-old awoke the next morning, Sophia was unresponsive and not breathing.

Police interviewed both Hernandez and his roommate, 23-year-old Jose Garcia-Zavala, after Sophia's death but before the arrest warrant was issued. On Tuesday, police said they were looking for both men.

Garcia-Zavala has not been charged in connection with Sophia's death, but is wanted on a parole violation.