Arturo Antonio Higuera Guerrero, convicted in a DUI crash that killed his five-month-old daughter Olivia, is set to learn his fate Friday morning in a Hillsborough County courtroom. The case traces back to an early morning head-on collision in October 2023 on County Road 39 near Old Hopewell Road in Plant City, a crash that left the infant fatally injured. Higuera Guerrero remains in custody ahead of sentencing.
Olivia’s mother, Audrey Cunningham, told Tampa Bay 28 she wants the judge to hand down the stiffest penalty possible under Florida law. "It’s not ok. It’s not okay. I have pictures and videos and that’s all I have of her," Cunningham said, her grief and anger sharpening as the hearing approaches.
Crash and witness accounts
Prosecutors say the wreck happened in the early hours of October 5, 2023, when investigators say Higuera Guerrero’s vehicle crossed into oncoming traffic and slammed into another car head-on, according to FOX 13 Tampa Bay. A nearby ER nurse who witnessed the collision told the station she pulled over, grabbed the baby and tried to resuscitate her on the side of the road.
What investigators say
The arrest affidavit, as reported by Tampa Bay 28, states that detectives noted signs of marijuana impairment. It also says Olivia’s car seat had been turned forward-facing and was not properly secured. Prosecutors allege Higuera Guerrero crossed the center line before striking the other vehicle head-on.
Legal context and safety rules
Florida law requires children 5 years old and younger to ride in an approved child-restraint device, with the youngest infants placed in rear-facing seats, according to Florida Statute 316.613. While failing to properly restrain a child is typically treated as a traffic infraction, prosecutors can seek more serious charges when impairment or gross negligence contributes to a death.
The judge is expected to hear sentencing arguments Friday, then impose a punishment within the range allowed under Florida law. Court records and official filings will ultimately show how long Higuera Guerrero will spend behind bars.
