Mom of woman who was killed in a car crash involving a Capitol riot suspect asks why the driver wasn't in jail

• Police accused Emily Hernandez of killing a woman in a drunk-driving accident while out on bond.
• Hernandez was charged in relation with the riot, and has also been charged over the crash.
• The victim's mother asked why Hernandez was not in jail "with what she did to the government."

The mother of a woman who was killed in a car crash, who police said was by a Capitol riot suspect, has asked why the driver was not already in jail.

Police accused the Capitol riot suspect Emily Hernandez of driving drunk and killing 32-year-old Victoria Wilson, a mother of two, in a car crash on Wednesday. 

Hernandez, 22, was charged in relation to the January 6, 2021, riot and was out on bond at the time. Photos from the insurrection showed Hernandez holding a broken sign belonging to the office of House Speaker Nancy Pelosi.

After the crash, Hernandez was charged with "driving while intoxicated resulting in death of another, driving while intoxicated resulting in serious physical injury, excessive BAC" — Blood Alcohol Content — after the crash.

Wilson's mom, Tonie Donaldson, told the St. Louis Post-Dispatch that she thought Hernandez should still be in jail.

"Why is she still out?" she asked.

"With what she did to the government, why is she still walking the street?"

Donaldson also described her daughter as having a "heart of gold."

Police said Wilson's husband was hospitalized with serious injuries, and that the couple had been driving home from celebrating their wedding anniversary, Insider's Madison Hall reported.