LAS CRUCES, N.M. -- A Dona Ana County man is facing multiple charges after investigators said he was driving drunk and got into an accident that killed his 1-year-old son.

Investigators said Monday, around 9:30 p.m., 23-year-old Juan Benavidez was driving a car when he swerved and rolled over on Holman Road near El Centro.

Dona Ana County Sheriff’s Office Investigator Joe Reynaud said the baby was in a car seat, but it was not secured properly.

"If it had been secured properly, more than likely this child would be surviving today.," Reynaud said.

He said a witness removed the baby from the car. When medical workers arrived they found the baby with trauma to his head and jaw, his brain matter was on the ground, and he was bleeding from the ear and nose, a statement of facts indicated.

The child’s 3-year-old sister was also in the car, but was not hurt, said deputies.

Benavidez admitted to sheriff's deputies that he had two beers, according to records.

“His wife went to pick him up from his job site and he had been drinking and he wanted to drive home,” said Reynaud. “She tried to stop him and he told her ‘no I’m driving,’” Reynaud said.

Benavidez faces a list of charges including vehicular homicide, child abuse no great bodily harm, reckless driving, driving without a license, expired registration, no insurance and aggravated refusal.

Investigators told KFOX he is on probation for a 2008 burglary conviction.

Reynaud said the mother, who was also in the car, may face child abuse charges for allowing the children to ride in the car with him after he had been drinking.

"It's one thing to have an accident, but to be drinking and driving and having that accident, that's very sad," said Las Cruces resident Genesis Pakozdi.