SACRAMENTO (CBS13) – A local mom was arrested on criminal charges after police say she left her two young children out in the cold as she apparently ate a warm meal in a warm place.

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Those children, just 4-years-old and 10-years-old, were rescued thanks to a 9-1-1 call from a stranger. We spoke to the man tonight.

“It was hard for me to sleep last night, because I was tossing and turning thinking about the kids,” said David Hernandez.

David can’t get out of his head.

“As a father it was really sad; really disturbing,” said David.

It was last night when David was walking to a local McDonalds when he caught sight of two small kids in the bushes next to a nearby motel. Thinking little of it, he went and ate, but when he got back, nearly a half-hour later, he peered through the fence and realized the children were still there and in trouble.

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“Huddled up real close together, teeth chattering just totally freezing,” said David.

The kids were huddling together and clinging to each other for warmth. The temperature outside was in the low 40’s.

“This was on their lap. It’s somebody’s jacket,” said David.

David knew he had to help. He called cops who quickly responded and got the children into a warm patrol car. Officers eventually able to locate the kids mom, Farris Martin. They say Farris was drunk at the very McDonalds David had just left.

“I was just really happy and relieved when the police called me back up and told me that the kids were okay,” said David.

Thanks in a huge part to David. It’s still unclear as to why Farris, who claims to be homeless, would not bring her children with her into the warm restaurant. David says he too is homeless and say it’s not a reason for what he saw.

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“Just because someone is down, that’s not excuse to treat your kids that way or bring your condition down on them,” said David.