At about 2:40 a.m. Sunday, Oct. 15, the APD responded to the area of Diehl Road and I-88 in the DuPage County section of Aurora, for an SUV that had lost control and gone into a retention pond on the south side of the intersection. Upon arrival, police discovered a 2007 Nissan Xterra fully submerged in the pond that had been occupied by Ruvira-Garcia, her son, her daughters ages 15, and 12; and her 21-year-old sister.

Ruvira-Garcia said the five, all of whom live in Cicero, were at a party in Aurora and were returning back home. When she exited I-88 and was turning left (westbound) onto Diehl, Ruvira-Garcia lost control of her vehicle, went off the roadway and ended up in the retention pond, officials said. The four females were able to escape, but the boy could not be seen when first-responders arrived.

An Aurora Fire Department surface swimmer was immediately deployed to help locate the vehicle and the boy. Two Water Rescue Team divers then entered the water and began searching for the vehicle.

About six minutes later, at 3:03 a.m., the SUV and child were located about 80 feet from shore; under about 15 feet of water.

“It is believed the boy was in the water for at least 30 minutes, APD spokesman Dan Ferrelli said.

He was rushed to an Aurora hospital in critical condition and later transported to a Chicago hospital, where he continues to undergo treatment. The other vehicle occupants were taken to an Aurora hospital to be checked out.

The charges against Ruvira-Garcia are not proof of guilt. She is presumed innocent and is entitled to a fair trial at which it is the burden of the state to prove guilt beyond a reasonable doubt.

SOURCE: Aurora Police Department news release

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