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Friends Mourn Teens Killed In Chula Vista Murder-Suicide
Police Say Thomas Fuchs Shot Teen Sons, Himself In Chula Vista Home

POSTED: 2:21 pm PDT June 22, 2011
UPDATED: 3:08 pm PDT June 23, 2011

SAN DIEGO -- Grief counselors were available Wednesday at a South Bay high school to help students cope with the death of one of their classmates.

Wednesday was the last day of classes at High Tech High in Chula Vista. Sean Fuchs, 15, would have been a sophomore at the school next year. Police said he and his 13-year-old brother, Kyle, were shot to death by their father, Thomas Fuchs, in their home on Bonita Verde Drive early Tuesday morning. Fuchs then set fire to the home and killed himself, police said.

Friends described Sean as a smart student who loved comic books and graphic design.

"He was just a wonderful guy, he always made everyone laugh, he was really smart and he knew right from wrong," said classmate Jessica Medina.

"At first he was shy, then really energetic. We just don't know why this would happen to him," said student Aaron Nassi.

Kyle Fuchs went to Bonita Vista Middle School. The principal told 10News Kyle was a straight-A student who took accelerated classes.

Police said Thomas Fuchs left behind several suicide notes, but they did not disclose details.

A family friend told 10News the former attorney and life coach was having financial problems and was at risk of losing his home and full custody of the boys. He and his wife, Maria, filed for divorce in 2007.

STOCKTON, CA - A 19-year-old Stockton woman is in custody in the murder of her baby daughter, say police.

Stockton police said the child, 11-month-old Raziah Bates, required medical attention Dec. 24. Medical personnel noted signs of abuse on the girl, said police department spokesman Officer Pete Smith. The baby died Christmas day.

Her mother, Bianca Armstead, was arrested on Christmas on suspicion of murder. She is in custody at San Joaquin County Jail and not being offered bail.

In addition to the murder booking charge, Armstead is also accused of torture, infliction of great bodily injury, child abuse/endangerment, child abuse resulting in death of a child under 8, corporal injury of a child, failure to provide for a child and attempted murder. Smith would not offer specific information on what led to the torture allegation.

Smith said two other children in the Armstead home were removed into the care of child protective services.

"Christmas Boy" Alleged Abuser Going To Trial

10 broken ribs, two broken arms, burns and bruises all over his body, and internal bleeding from a lacerated spleen and liver-Shasta County prosecutors listed injuries they say almost killed a seven-year-old Cottonwood boy last December.
They think his caretaker should be charged with attempted murder, and a Shasta County judge agreed on Thursday. 27-year-old Rachel Limon will stand trial for attempted murder, torture, aggravated mayhem, and child abuse. Limon was arrested December 11th after authorities found the seven-year-old son of Limon's boyfriend huddled inside their trailer on Rhonda Road in Cottonwood. Doctors said the boy would have died within a day if he had not been rescued. Investigators say Limon confessed she abused the boy at least 20 times, and that she had been arguing with his mother and wanted to get back at her.
Rachel's brother, Gregory Limon, also lived in the trailer. He is charged with child abuse, obstructing a peace officer, and withholding information about a crime.

Judge John M. Pacheco is also being looked at for granting dad Alex Baeza unsupervised visitation with his 2-year-old son, despite credible evidence of child abuse. The little boy later died of a head injury 'allegedly' inflicted by his father. The father is facing homicide charges. Note that the mother was threatened with loss of custody for even mentioning her concerns."http://dastardlydads.blogspot.com/2010/08/dad-kills-2-year-old-son-during-cou...

"The family of a 2-year-old Inland boy who died in his father's care has filed a complaint asking that a San Bernardino County Superior Court judge be disbarred for granting visitation to the boy's father. Seven months after the judge's order, in which court records show he chastised the mother for overreacting to injuries, Isaac Gallegos was dead and his Moreno Valley father was charged with murder... [Judge Pacheco told the mother] "I think you're overreacting all right? Now, if you continue to act this way... I'll have to take custody away from you and... I will give custody to the person that is most willing to cooperate with the other parent, and giving them custody OK?...

Foster mother, boyfriend arrested in connection with hammer-beating death of 2-year-old girl

July 20, 2010 |  9:25 am

Los Angeles police have arrested a foster mother and her boyfriend in connection with the March death of 2-year-old foster child Viola Vanclief.

Kiana Barker, 30, was arrested Thursday and authorities have charged her with dissuading a witness, child abuse and murder, according to Los Angeles police. Barker's bail was set at $1.1 million.

James Julian, 38, surrendered to police on Saturday and faces charges of dissuading a witness and accessory to murder. He is being held in lieu of $1.6 million bail.

Both had been under suspicion since Viola's death on March 4. Barker told authorities that Viola had been caught in a bed frame and was accidentally hit with a hammer while she tried to free the toddler, according to coroner's records. No immediate medical care was sought for her, according to the coroner's initial information.

Barker and Julian initially were arrested March 9 in connection with Viola's death and were released two days later, with no charges filed. At the time, police said they were continuing to investigate.

Prior to Viola's death, Barker had been the subject of five previous child-abuse complaints, including one substantiated allegation that she had severely neglected her own biological child in 2002, confidential records show.

Julian, who is known as "Big Bird," was convicted in 1992 of armed robbery, according to court records.

The couple's troubled history raised questions about how Barker could have been approved last year as a foster parent by child-welfare authorities. Under state rules, both adults should have been disqualified from caring for or living with foster children.

The foster-family agency that certified Barker, United Care, has seen its contract with Los Angeles County terminated. 

Since January 2007, at least 57 children whose families had previously come to the attention of L.A. County's Department of Children and Family Services have been killed, according to records obtained by The Times. Those deaths include cases of abuse and neglect, as well as gang-related shootings.

Pasadena couple arrested on suspicion of child abuse


Four children from Pasadena are in protective custody after their father and his live-in girlfriend were arrested on suspicion of child abuse Thursday night.

There were four children involved, one 9-year-old girl, and three boys, 11, 12, and 15, said Lt. Chris Russ with the Pasadena Police Department. An investigation began Thursday at 7:21 p.m. after a friend of the children told family members, who then called the police, Russ said. An arrest was made shortly after in the 800 block of North Madison Avenue in Pasadena, Russ said.

The children had visible bruising and injuries when police arrived, and the girl was taken to the hospital for possible internal bleeding, Russ said. The 11-year-old boy suffered from burns after his hand was held over the flame of a lighter, Russ said. The children were hit with belts and shoes on a regular basis, Russ said.

The father, Johnny Monterroso, 44, and his girlfriend, Celia Chavez, 23, were arrested on suspicion of child abuse after the children were taken into protective custody.



Published: June 9, 2010
Updated: 11:46 p.m.
Police officer accused of molesting daughter
By KIMBERLY EDDS
THE ORANGE COUNTY REGISTER

A Cypress police officer is behind bars, accused of molesting his young daughter during their weekly visitations, authorities said.

Ross Bowlin, 27, of Murrieta was arrested and charged Wednesday with oral copulation of a child after his daughter told detectives of the abuse, according to Sgt. Jim Ganley of the Murrieta Police Department. Bowlin has been on administrative leave since November 2009 on an unrelated matter, Ganley said.

The investigation began May 27 when the Orange County Sheriff's Department contacted Murrieta police to tell them of the report of sexual abuse occurring in Murrieta involving Bowlin and his daughter.

On Wednesday, Murrieta police served a search warrant at Bowlin's home in the 23000 block of Cork Oak and arrested Bowlin, Ganley said.

Bowlin was cooperating with authorities but has denied the accusations, Ganley said. The alleged victim is under the age of 10.

The investigation is continuing. Bowlin was booked at the Riverside County Southwest Detention Facility on $1 million bail.

In 2007, Bowlin was awarded the Cypress Recovery Officer of the Year award by the Orange County Auto Theft Advisory Committee for helping track down stolen vehicles.

In an August 2009 news release by the Cypress Police Department, Bowlin was lauded as a hero for helping a woman deliver a baby girl. The release identified Bowlin was the father of two with another one on the way.

Cypress police referred all questions regarding Bowlin and the investigation to the Murrieta Police Department.

Father charged with child abuse, murder of infant son

Spencer Tyson Weaver

Just before 12:30 p.m. today, Citrus County Sheriff's Office detectives arrested Spencer Tyson Weaver, 21, of Inverness, charging him with aggravated child abuse and murder in connection with the death of his 2-month-old son, Tamarri Weaver.

On Friday night, the Sheriff's Office had issued a BOLO (be on the lookout) for Weaver, seeing as the man had left a voice mail for the child's biological mother, threatening to do harm to himself.

When deputies safely located him today, he told the detectives who also responded that he had physically abused his son for several weeks and knew that his actions had caused the infant's death.

Weaver was taken into custody and transported to the Citrus County Detention Facility, where he's being held on no bond.

The infant's biological mother and other family members have been notified of the arrest and circumstances surrounding the boy's death.

Preliminary results of the infant's autopsy performed on Thursday listed blunt force trauma as the cause of death, and homicide as the manner of death.

Ridge parents arrested in child's death

By Trevor Warner Assistant Managing Editor

Two Paradise residents were arrested after their 7-year-old adopted child died early Saturday morning.

Kevin Schatz, 46, and Elizabeth Schatz, 42, were booked into Butte County Jail on murder and child abuse charges. Police responded to the 500 block of Crestwood Drive at about 1 a.m. after receiving a report from Elizabeth of a female juvenile who was not breathing. Officers arrived to find the child in full cardiac arrest.

The responding officer, Tim Denecochea, performed CPR and the girl, identified as Lydia Schatz, was transported to Feather River Hospital where she began breathing again with the aid of life support. The girl was to be transferred to Sutter Memorial Hospital in Sacramento via LifeFlight, but bad weather prevented a helicopter from making the flight. Lydia was being rushed by ground to the Chico Municipal Airport to catch a plane but died en route. She was pronounced dead at En-loe Hospital.

Paradise Police Sgt. Steve Rowe confirmed that the girl was allegedly beaten for mispronouncing a word. Police determined the incident was a result of child abuse and upon a follow-up investigation, police discovered an 11-year-old girl, Lydia's adopted sister, in the same residence with significant injuries. Rowe could not elaborate on the elder girl's injuries, though he said the girl did not suffer cardiac arrest. He said the girl does have kidney failure and originally was not expected to survive. How-ever, the 11-year-old has improved and is

expected to survive, he said. Despite her improved state, Rowe said she is still listed in critical condition.

District Attorney Mike Rams-ey said the girls were allegedly beaten with a 15'-inch piece of flexible plastic tubing commonly found in toilet tanks. There were seven other children in the house - the 3-year-old adopted sister and the Schatz's six biological children ranging in ages from 8 to 16.

The three adopted children were adopted from the Republic of Liberia in Africa three years ago, said Ramsey. He said authorities are investigating how the adoptions were made and through what agency. The remaining youths were taken into protective custody and released to Child Support Services.

Ramsey said the remaining children have indicated that they sustained similar discipline with similar instruments.

The children were being home schooled and had no affiliation with the Paradise Unified School District. Ramsey said the children were being home schooled through a Christian home school organization. He did not know the name of the organization at press time. There were no reports of prior child abuse history with the family. The incident is still under investigation.

Ramsey said that since this is an alleged homicide, the Schatzes are facing a life sentence. According to a Dec. 2007 Chico Enterprise-Record story, Kevin Schatz set up 50 Internet Wi-Fi locations throughout Paradise and Chico through employment at Community Network Wi-Fi. A Paradise Post interview with the Schatz family in April 2007 indicated the adopted girls were named, from oldest to youngest, Princess, Koko, and Blessing. Princess was 8 years old at the time, Koko - whose name appears to have been changed to Lydia - was 5, and Blessing was three months old. The last time the county saw a case like this was in 1982, when a 3-year-old was beaten to death by the parents, Ramsey said.

He said cases like this are wrenching for everyone involved. The district attorney's office is assisting police with the investigation. An autopsy will be conducted Wednesday, said Butte County Sheriff's Office Lt. Dennis Cooley. He said if it is proven that the child died of cardiac arrest, he would have to have a doctor explain how it is possible for a 7-year-old girl to be beaten into a heart attack .


Seal Beach mom charged in death of 22-month-old daughter

February 8, 2010 |  7:52 pm
A Seal Beach mother of four was charged Monday in the death of her 22-month-old daughter and for allegedly fracturing the skull of the dead child's male twin,  authorities said.

Linda Wilborn, 31, was charged with one felony count of assault on a child with force likely to produce great bodily injury resulting in death and three felony counts of child abuse, the Orange County district attorney's office said. She was arrested Monday by the Seal Beach Police Department and was being held in lieu of $1-million bail.

Wilborn allegedly ruptured the heart of the child who died, the district attorney's office said. The child died after being taken to the hospital.

The district attorney said Wilborn subjected her twins to physical abuse between Oct. 17 and Dec. 17, 2009.

Her three other children have been placed in protective custody, prosecutors said.

Wilborn is expected to be arraigned Wednesday at the Santa Ana courthouse. If convicted, she faces up to 25 years to life in state prison, according to the district attorney.

Trial Begins for a Husband accused of Killing Wife over Child Support Dispute

February 9, 2010
By Winiviere G. Sy on February 9, 2010 6:34 PM

Today, trial commenced in a case of a man accused of murdering his wife. Henry Lisowski is accussed of killing his wife, Rosa, over a child support dispute. The prosecution states that a child support dispute prompted the killing.

It has been reported that Henry Lisowski, who had repeatedly threatened to harm his estranged wife, was driven to kill her after she was awarded child support for the two young children they shared, a prosecutor told a jury Monday.

The wife, Rosa Lisowski, went missing about a month before an important court hearing in 2008, when a judge was to consider whether her husband would have to pay child support for the previous year and whether he had significantly underreported his income.

Her body was never found, but the prosecutor said yesterday that evidence presented in Henry Lisowski's trial would show that he killed her and dumped her body in a trash bin.

However, a defense lawyer told the jury that Rosa Lisowski, 50, died as a result of an accident that occurred when she showed up at her husband's home the day she was reported missing. She suffered a head injury when she tripped on a set of steps and struck her head on the pavement, the lawyer said in his opening statement to the jury. She died minutes later in her husband's sport utility vehicle.

O.C. father gets 25 years to life for drowning son to avoid paying child support

A Fullerton man who killed his 4-year-old son to avoid paying child support was sentenced today to 25 years to life in prison, according to the Orange County district attorney’s office.

Gideon Walter Omondi, 38, was convicted of first-degree murder and attempted murder with premeditation and deliberation in September after drowning his son Richie in the bathtub of his Fullerton apartment in 2006.

Orange County social workers had received three calls about possible abuse before the child's death, but said they never had enough evidence to act.

Omondi was a Kenyan student studying mechanical engineering at Cal State Fullerton in 2004 when his wife and son came to the U.S. to join him. He reportedly wanted to send them back to Kenya because it was too expensive to support them in Orange County.

Omondi and his wife, Hellen Mwangi, ultimately divorced and the pair shared custody of their child. But Omondi became angry that his wages would be garnished to support Mwangi and his son, according to authorities.

After a family court hearing in January 2006, he tried to kill his son and himself by parking his car and dousing it in gasoline and climbing into the trunk with his son, according to the prosecution. He allegedly intended to set the car on fire, but a California Highway Patrol officer interrupted the plan and Omondi reportedly told the officer he and his son were sleeping in the car.

In September 2006, Omondi picked up his son from daycare and took him to his apartment for the weekend. On Sunday night, he drowned Richie, tucked his body into bed, and drove to the Fullerton police station and confessed. He pleaded not guilty by reason of insanity, but jurors found him to be legally sane at the time of the incident.

Abuse suspect escapes torture charge of child


After deliberating for more than two days, a Yolo Superior Court jury exonerated a Woodland man of torturing a seven-month-old girl.

However, the jury did find Richard Schirnhofer, 19, guilty of four counts of child abuse related to injuries received by the young girl, but could not prove beyond a reasonable doubt that he had personally caused any of the child's injuries apart from several rib fractures. On this one count the jury found a special enhancement of great bodily injury to be true.

Schirnhofer had been accused of abusing and torturing the child who was found to have extensive bruising and fractured bones when she was taken into protective custody Oct. 20, 2008.

The child had severe bruising to her inner thighs coupled with a fractured femur that may have been caused during the same incident, according to a doctor's testimony. Further, she had a fractured tibia, ulna and five rib fractures.

Several witnesses testified during the weeklong trial that Schirnhofer would roughly grab and shake the child, while yelling at her to "shut up."

But witnesses testimony wasn't sufficient in proving Schirnhofer caused the other three injuries.

"I think that obviously the jury found someone other than Richard caused the injuries," said Public Defender Tracie Olson.

Olson hugged her client as the verdict was read in regards to the torture charge, which could have sent him to prison for life. Turning toward Olson, Schirnhofer cried and rubbed his eyes

in reaction.

Juror No. 5 said the process was meticulous and involved extensive discussion about the abuse charges, however the five-man, seven-woman jury was able to come to a consensus almost immediately that Schirnhofer was not guilty of torture.

Deputy District Attorney Tiffany Susz left the court room looking incredulous and had little to say about the verdict.

"The verdict reflects the commitment of the jury to perform their civic duty in such a serious case with difficult evidence of horrific injuries to an innocent baby," Susz said. "In these difficult budget times, this case is a solemn reminder of the invaluable service to our community that law enforcement and Child Protective Services provides."

Mother testifies against father in Woodland child abuse case

Schirnhofer was alone with child for 45 minutes, Carpenter says; believes he caused child injuries

The mother of a now-1-year-old child testified against her former boyfriend in court Friday, regarding allegations of sexual and physical abuse.

"I know there is no excuse for it, but I feel that he wasn't specifically trying to hurt her; it was not knowing how to handle her," 19-year-old Jessica Carpenter told the jury after admitting she believes her boyfriend at the time, Richard Schirnhofer, caused injuries to her child. Carpenter was a prosecution witness.

After a suicide attempt by Carpenter on Oct. 20, 2008, Child Protective Services took custody of the baby who they noticed had extensive black and purple bruising on her inner thighs and genitals; as well as jaw, cheek and ears. Pictures of the injuries were shown to the jury Friday.

After examining the child, doctors found she had fractured ribs, a broken leg and pelvic bruising which was determined to be consistent with blunt force trauma and sexual abuse.

Carpenter is serving a six-year sentence in prison for child abuse, and Schirnhofer, 19, stands accused of committing sexual acts with a child under the age of 10, willful injury to a child, corporal injury to a child and inflicting great bodily injury to a child.

Witnesses who are family members and friends of the couple testified Thursday about several incidents in which Schirnhofer was "rough" with the child.

On the night of the suicide attempt, Woodland Police Officer Greg Elliott was assigned to assist CPS in transporting the

baby girl from Schirnhofer's mother's home were the couple was staying, into protective custody. When a social worker noticed bruises on the baby's face, Elliott photographed the evidence and later interviewed Schirnhofer.

When asked about the bruising on the baby's inner thighs, Schirnhofer told Elliott he didn't know anything about it because he never changed her diapers.

However, Carpenter testified Schirnhofer would sometimes change diapers and was watching the baby for about 45 minutes that morning while she slept in.

When Carpenter woke up she planned on feeding the infant and attempted to put her in a child's walker.

"She started hysterically freaking out and screaming when I tried to put her in the chair," Carpenter said.

Carpenter said she then changed the baby's diaper and noticed what she described as a very severe case of diaper rash.

"I thought I was failing as a mother," Carpenter said. "I felt that she would be better off with someone else."

Carpenter then ingested a bottle of Tylenol PM in an attempt to take her life.

During cross examination, Public Defender Tracie Olson pressed Carpenter about her checkered past. Carpenter had attempted suicide a hand full of times before and suffered from depression and abused drugs and alcohol.

Carpenter admitted she was neglectful of her baby and sometimes failed to clean her or change her diapers. Carpenter also agreed that she was black out drunk the night before the several bruises appeared on her baby's face.

Carpenter told the jury she loved Schirnhofer and that the couple planned to marry. She was also two months pregnant with his child the night she attempted to take her own life.

The night before Carpenter's suicide attempt Schirnhofer's mother, Lynne Jamenez, was baby-sitting the alleged victim. Jamenez testified that her 7-year-old niece was playing with the baby who was seated in the baby walker. Jamenez said her niece tried to pull the baby out of the walker about four times, but each time dropped her back into the seat.

When Woodland police became involved with the investigation, Jamenez told detective Darren Imus she believed the baby walker caused the child's injuries.

Schirnhofer and Carpenter were arrested in January 2009, and continued to write letters to each other while in custody. They promised to be together always and raise their baby and work to get Carpenter's child back from CPS.

In May 2009, Carpenter gave birth to Schirnhofer's baby while in police custody, and the couple broke up shortly after.

"I love him still. I think I always will," Carpenter said in court Friday. "But I could never be with him like I was before because of everything that happened."

Testimony continues in Yolo Superior Court on Tuesday.

Boulder Creek Man Arrested for Felony Child Abuse

Posted: Jan 07, 2010 6:02 PM EST Updated: Jan 07, 2010 6:02 PM EST

Robert McDougal, 55, of Boulder Creek, has was taken into custody and arraigned on multiple felony charges of child abuse Thursday. 

The charges stem from a series of acts committed against a single victim over a period of several months. The victim was a member of the McDougal household. There is no evidence at this point of additional victims.

Charges are also pending against Faith McDougal, 57, who is married to McDougal and who resided with him and the victim. He is charged with felony witness intimidation and felony child endangerment based on events which followed the child's initial disclosure to Ms. McDougal. Ms. McDougal is not charged with any sexually-based offenses.

Following the child's disclosure to a trusted adult outside the family, who promptly reported the matter, McDougal was arrested after a brief but intense investigation led by Todd Liberty of the Sheriff's Sex Crimes Unit. He was assisted by Detective Cesar Ramirez.

The charges are supported by multiple witnesses and by physical evidence obtained by Sheriff's investigators

Boy's Abuse, Torture

A judge has ordered a Sacramento couple charged in the child abuse and murder case of a 5-year-old boy to submit DNA samples and dental impressions.
The deputy district attorney for Sacramento County assigned to the case asked the judge for the samples to determine who is responsible for the infliction of injuries to the child.
The child's mother, Amber Ingram, is charged with child endangerment and murder. Her boyfriend, Eduardo Zamora, is charged with murder and torture. Both are being held in the Sacramento County Main Jail.
Court records obtained by KCRA 3 identify the child victim only as Braeden G. He died June 17, 2009, after being left by his mother in the care of Zamora.
An examination of the child's body revealed multiple bruises from head to toe in different stages of healing and significant internal injuries.
Court records describe "the only areas of the child's body not diagramed with injuries are the palms of his hands."
Court records also show "although many injuries are acute, some may have occurred within a day or days from the time of death," when Ingram was also caring for the child.
Injuries include bite marks and multiple injuries of a unique shape that may be consistent with sex toys and other toys found in the couple's home.
Prosecutors want to determine if there was a sexual element to the crime.
A relative who spoke to KCRA 3, but did not want to be identified, described the child as "all boy." He said he loved to dig in the dirt and play with tools.
Ingram has denied hitting the boy, but told detectives she was aware Zamora had hit her son with his hand and with a belt. She never sought medical care for her son.
Both Ingram and Zamora will be in court in February for preliminary hearings.

Long Beach Boy, 7, Killed In Stabbing
by Ryan ZumMallen | Long Beach News | 01.11.10 |

It was a tragically busy weekend for authorities in Long Beach as two people were murdered in separate incidents that are still under investigation.

Around 9:00pm on Friday night, police responded to reports of screams in the 500 block of Pleasant Street and found a 27-year old woman and a 7-year old boy who had each sustained multiple stab wounds to the body. Both were transported to a local hospital, where the boy succumbed to his injuries and passed away. His name was Felix Sandoval. The woman, his mother, sustained non-life threatening injuries.

Police took 30-year old Peniamina Tomasi into custody and booked him for murder and attempted murder. Tomasi and the woman lived together with their eight children (two together, three each from previous relationships). The Department of Child Services has taken custody of the other seven children, who were uninjured.

Oakland man charged with murder in death of his girlfriend and her son

By Paul Rosynsky and Chris Metinko
Oakland Tribune

Updated: 11/17/2009 08:43:10 PM PST

OAKLAND — Curtis Martin, the man accused of killing his girlfriend and dumping her body in a parking lot at Aquatic Park in Berkeley, also was charged Tuesday with killing her 17-month old son, making the violent felon eligible for the death penalty.

The charges revealed new details about the killing of Zoelina Williams, 23, and her 17-month-old son, Jashon Williams. A child's body, which the District Attorney's Office think is Jashon's, was found in San Francisco Bay near the Berkeley Marina.

In addition to being charged with two murders, Martin was charged with two special circumstances: multiple murders and killing a witness to a crime. Therefore, it appears, authorities think Martin killed the toddler

while Williams watched and then killed her.

Martin also is charged with several enhancements to the crime and with two prior felonies, a 1992 conviction of being in possession of an assault weapon and a 1994 conviction of voluntary manslaughter.

Together, the charges could result in Martin being sentenced to death or spending the rest of his life in jail without the possibility of parole should a jury find him guilty of the crimes.

"This is just terrible," a sobbing relative of Williams said outside of court.

Martin was arrested Friday after police found Williams' body at Aquatic Park in Berkeley. Police were able to track him down because an officer had stopped Martin in the park just before the body was found. The

officer let Martin go because he did not suspect any wrongdoing, but Martin's name and a partial license plate number of the van he was driving was recorded before he was let go.

With the announcement of Williams' death, family members quickly notified police that her son was missing. On Sunday morning, kayakers in San Francisco Bay discovered a child's body floating in the water near the Berkeley Marina.

The Alameda County Coroner's Office had said it had not identified the body as of Tuesday, but when Martin appeared in court later in the day, he was charged with killing the boy.

If found guilty of killing the toddler, it would be Martin's second conviction for killing a child.

In 1994, Martin pleaded guilty to voluntary manslaughter in the murder of Devin Brewer, the 3-year-old son of Martin's girlfriend at the time. Brewer was pronounced dead at Children's Hospital Oakland, suffering from trauma to the head, his family members said Tuesday.

Although Martin was charged with murder in the crime, he took a plea deal that resulted in him being sentenced to 11 years in prison. Martin, however, was released in six years after receiving credit for time served.

Brewer's family members appeared in court Tuesday, they said, to make sure Martin gets the most severe punishment available.

"We're going to deal with it this time," said Orlando Williams, 44, Brewer's uncle. "Obviously, this man has some kind of issues and he shouldn't be on the streets."

Law enforcement officials had a chance to take Martin off the streets last year after he violated a restraining order filed against him by another girlfriend.

According to court documents, the girlfriend said she was choked and had her ribs bruised during an altercation with Martin in December 2007. She was treated at Highland Hospital for her injuries, but she gave police a false name for the man she accused of beating her.

Without Martin's real name, police could not track him down or build a case against him for an arrest, court documents show.

Eight months later, however, the same woman told police that Martin had become abusive toward her and threatened her 13-year-old son, saying if he "was of age, he would hurt him."

The threats convinced the 34-year-old woman to seek a restraining order in which she said Martin needed "mental help," court documents show. The restraining order was granted.

However, Martin violated the order days after it was filed, telling the woman that he didn't "give a (expletive) about a restraining order," and he would "get a chopper and turn you into Swiss cheese."

Police arrested Martin for violating the restraining order but released him eight hours later. After being released from jail, Martin allegedly told an acquaintance. "You tell that (expletive) I'm out."

The Alameda County District Attorney's Office never filed charges against Martin.

It remains unclear why charges were not filed. Alameda County District Attorney Nancy O'Malley said Tuesday that her office is "looking into all aspects of the case."

Authorities said it was unclear, at the time, if the restraining order had been processed.

Martin is scheduled to appear in court again Thursday, where he is set to enter a plea.

Staff writers Kristen Bender and Harry Harris contributed to this story


 

 

LA man pleads guilty to killing 6-year-old boy

The Associated Press
Updated: 11/19/2009 06:18:22 PM PST

COMPTON, Calif.—A man has pleaded guilty to first-degree murder in the beating death of a 6-year-old Los Angeles boy.

Prosecutors say Marcas Fisher entered his plea Monday in Compton Superior Court.

Fisher is accused of killing Dae'von Bailey in his South Los Angeles home. The boy's body was found July 23.

The boy's mother left the boy and his sister with Fisher, and child welfare officials approved the temporary custody arrangement.

Fisher was arrested in Las Vegas in August.

Prosecutors have agreed to drop a charge of assault on a child causing death.

Fisher faces 25 years to life in prison when he is sentenced next month.

Father killed children and self

Julie Mulvaney found the brutally stabbed bodies of her children in their bedrooms at her ex-husband’s apartment in Thousand Oaks on Wednesday evening, his body was in the next room. 
In the aftermath of the killings, which investigators described as horrific, more details have emerged of the painful disintegration of the Mulvaneys’ marriage amid fights over a Thousand Oaks home and spousal support.

The Mulvaneys were nearly two years into divorce proceedings, which court documents show to have been acrimonious. While a Ventura County Superior Court judge had granted a divorce decree in November, the couple were still working through a number of issues, including custody, child support and spousal support.

In court documents, despite accusations by the couple of coercion, verbal abuse and revenge, there was no signal of the tragedy that unfolded.

“We have people who behave so badly they have to come to the sheriff’s station to do their custody exchanges under our supervision because things have deteriorated,” said Ventura County Sheriff’s Detective Eric Buschow. “These people were not on our radar. There is no indication there is a history of domestic violence. There was nothing to suggest this was coming.”

‘It was just horrible’

The house on Oak Valley Lane in Thousand Oaks, purchased in 2007 to buoy the Mulvaneys’ sinking marriage, according to court documents, became a source of bitter contention in their divorce.

Julie Mulvaney repeatedly asked him to move out after their separation in January 2008 to maintain a healthy environment for their children, according to a declaration she filed in July 2009. She claimed he stayed in the house to coerce her into accepting his settlement demands.

Fights erupted between them, at one point becoming physical. Both children showed signs of emotional distress, living amid the acrimony. Jennifer, then 6 1/2, refused to attend school at times and appeared agitated, while Jason, then 11, developed an “overly active physical and verbal behavior,” according to Julie Mulvaney’s declaration.

“We have resorted to use of profanities,” she also wrote in the declaration. “He has provoked me to push him on one occasion. He, and only he, is the sole cause of the emotional and physical distress that our minor children and I have been suffering on an increasing level since January 2008.”

Contentious debates

James Mulvaney countered that there was no reason to leave, and he accused Julie Mulvaney of making up accusations to force him out “because she is angry I won’t merely leave without a settlement that affords me the opportunity to move/relocate,” according to his declaration. He claimed she was angry because he requested spousal support, and he suggested her efforts to have him move out were for revenge.

Along with a settlement, he had wanted his ex-wife to serve as co-signer for a new home for him. In the end, James Mulvaney moved out on Dec. 31, 2008, after receiving $100,000 from Julie Mulvaney, who remained in the house.

As contentious debates continued over custody, spousal and child support and the future of the house, Julie Mulvaney’s request was granted for divorce before the other issues were settled. In court documents, she accused her ex-husband of stymieing settlement negotiations.

Needed medical benefits

He had fought against her request, arguing in part that a divorce decree would likely result in the loss of his medical benefits, which he received through her. If that happened, he said, he would likely be determined uninsurable.

Mulvaney had epilepsy, according to court records. In December 2007, after he had a seizure in a Department of Motor Vehicles office while renewing his driver’s license, his license was revoked.

Julie Mulvaney successfully sought a court order barring him from driving their children, stating he’d had car accidents. Later, he had his license reinstated and said he needed the vehicle to exercise his custody rights. After he provided his medical records, the court reversed its order.

He also received temporary spousal support of $5,000 a month. The issue was still a source of contention when, according to investigators, Mulvaney killed his children and himself.

The Mulvaneys were expected to appear in court again in January.

Please   note this man claimed to be a victim of false accusations.  We leave it to your common sense==was he a victim or an abuser

- San Diego News Network - http://www.sdnn.com -

Prosecutor: Man killed son and baby’s mom to avoid child support

Posted By joseph.pena On August 20, 2009 A Bonita man strangled the mother of his son and the 10-month-old baby to avoid paying child support, a prosecutor said today, but a defense attorney said the real killer was a hopeful suitor the woman rejected.

Dennis Potts, 25, surprised 22-year-old Tori Vienneau the night of July 26, 2006, knocking her unconscious between 6 and 6:45 p.m., then killed her after they had made plans to go out to dinner, prosecutor Per Hellstrom said in his opening statement.

A roommate found Vienneau strangled with the cord of a hair-flattening iron and her son, Dean Springstube, hanging in his crib with the cord of a cell phone charger wrapped around the baby’s neck, the prosecutor said.

A week before the murders, Vienneau had decided to take Potts to court after she became convinced that he had faked a paternity test, Hellstrom told the jury.

“He came over that evening, all right,” the prosecutor said of Potts. “He didn’t come over to go to dinner. He came over to kill them both.”

The crime scene was made to look like a sexual assault because Vienneau’s blouse and underwear were ripped and her pants were off, Hellstrom said.

There were no signs of forced entry into the third-story apartment in south San Diego, which told investigators Vienneau knew her killer, he said.

“This was not a stranger-type killing,” the prosecutor said. “This was somebody who knew Tori. It’s clear she was taken by surprise.”

Potts’ fingerprint was found in a door jam about 3 feet away from the baby’s crib, according to Hellstrom, who said a text message was planted by the killer on Vienneau’s phone at 6:59 p.m. so he could cover his tracks.

Hellstrom said Potts lied to detectives when he said the paternity tests he took were legitimate, when in fact he had used his friend Max Corn’s DNA to submit for the test.

“He is distancing himself from his connection with her,” the prosecutor told the jury.

Thirteen text message exchanges between Potts and Vienneau the day of the murders were deleted from her phone, and Potts told police he deleted all of his text messages from that day, Hellstrom said.

A “ping” from a cell phone tower near the victim’s apartment puts Potts in the vicinity at 6:44 p.m., around the time Vienneau was killed, the prosecutor said.

On Potts’ computer, authorities found Google searches for “committing murder; how to cheat a swab paternity test; best way to kill someone; getting away with murder; getting out of child support; performing (a) chokehold; knocking someone unconscious; knocking someone in the head; and how did you get away with murder,” the prosecutor said.

Hellstrom alleged Potts and Corn had an agreement to defraud Vienneau, but also to cover up Potts’ actions and throw off police so an obvious motive wouldn’t be apparent.

Defense attorney Kerry Armstrong, in his opening statement, said police focused on Potts from the beginning and ignored the real killer, a man named Daniel Moen.

Armstrong said once Vienneau’s boyfriend Neil Springstube was out of the picture, Moen became more attracted to Vienneau, but she didn’t see it the same way.

“Daniel Moen wanted to be Tori’s boyfriend,” Armstrong told the jury.

Four days before the murders, Moen and Vienneau had sex, but later Vienneau rejected him, Armstrong told the jury.

Potts will admit lying to police about the paternity test and will admit he faked it, his attorney said.

Armstrong said Potts was scared and had a longtime girlfriend — who is now his fiancee — and needed time to figure out how to tell her and his parents about the child he would now be responsible for.

“He knew he was going to be deemed the father,” Armstrong said of Potts.

Armstrong said Potts searched the Internet about death and murder because his father had suffered a couple of strokes in the past. Potts also had an interest in mixed martial arts, his attorney said.

Furthermore, Potts wrote a school paper on euthanasia that included those searches, according to his attorney.

“He will tell you that he had no plans to kill Tori Vienneau and Baby Dean,” Armstrong told the jury.

Potts’ fingerprints were in the victim’s apartment because he had been there at least three times in the past and remembered leaning against the door, Armstrong said.

Potts was at Corn’s South Bay home working on a project for his father when Vienneau was killed, Armstrong said.

An expert will testify that the “ping” off the cell tower near Vienneau’s apartment could have come from a call that Potts’ mother placed to him while he was at Corn’s house at 6:44 the night of the murders, Armstrong said.

Potts is charged with two counts of murder and a special circumstance of multiple murders, along with a charge of conspiracy to obstruct justice. He faces life in prison without the possibility of parole if convicted.

The trial is expected to last about a month in courtroom of Judge Bernard Revak.

Suspect in San Jose murder-suicide lost custody of daughter three months ago

Updated: 07/08/2009 06:16:24 PM PDT

Three months ago Jian Ming Liang was convicted of child endangerment and had his 9-year-old daughter legally handed over to her mother in San Jose, according to San Jose police. This week Liang came from Southern California on an unexpected and tragic family visit — armed with a semi-automatic pistol.

Liang shot and killed his ex-girlfriend Ying He — and then himself — because he was upset over losing custody of their child, San Jose police said their preliminary investigation showed.

The child and He's husband escaped the carnage.

Local police have released little else about the murder-suicide or Jiang, 39.

"We don't know what his intentions were,'' said Lt. Rikki Goede, commander of the SJPD homicide unit. "We are still investigating."

But Arcadia police released a troubling story of how Liang had contacted school officials earlier this year to say that he "could no longer afford or wanted to care" for the girl.

The department launched a child neglect and abandonment investigation in March.

The girl was turned over to the Department of Children and Family Services and was later released to her mother.

Liang was arrested by Arcadia Police Department officers on March 23, 2009 when he attended a child custody hearing at Family Court in East Los Angeles. He was booked for felony child endangerment and abandonment. Liang later plead no contest to a misdemeanor count of child

abandonment and was sentenced to three years probation, police said.

Liang's only criminal case in Santa Clara County shows a 2003 stalking charge that was dismissed. Online records show Liang had filed for bankruptcy in 2005.

San Jose police say they are not sure what Liang did before the Monday morning shooting.

Liang showed up at the Montecito Vista townhouse and confronted Shane Coffman, He's husband, in the garage area, police said. He fired a shot which grazed Coffman's earlobe.

Then, he went into the home and shot the girl's mother multiple times.

"It appears she was mortally wounded before the first officer arrived on the scene,'' Goede said.

Police later found Jiang's body. He had killed himself.

The dead mother's domestic problems with her old flame were dark shadows that rarely appeared on her sunny, public face.

Colleagues at the tight-knit respiratory therapy department at El Camino Hospital where Ying He worked, remembered her as "the sweetest person ever."

The 35-year-old San Jose woman went by her Chinese name "Ying" at work, and was known as "Brandi'' to others, including her husband's family. Shane Coffman, who survived the apparent murder-suicide, has declined to speak through relatives because the tragedy is simply too raw.

"It's such a horrible tragedy,'' said Ritu Joshi, who used to work with He, a night-shift therapist who regulated the breathing of patients in the intensive care unit. "She was awesome. She was kind to all her patients. She had sincere eyes and you just knew that she really cared. You would have never thought anything like this was going on in her life.''

Joshi and others didn't pry too much, but there were snippets of He's life that had dribbled out. Something about an ex-husband taking her daughter away from her. Then, her winning custody of her child a few months ago. She recently brought her daughter to work for the first time, colleagues said. She seemed so excited and proud to show her off .

The Orange County Register reports that an Anaheim couple was sentenced to 12 years and eight months in prison Friday for abusing their two children. The mother and father would abuse their children by binding ant tying the kids’ wrists and ankles, leaving them tied up for hours.

Anaheim Hills couple Kimberly Joy Quebe, 49, and John Herman Quebe, 48, have been married for 21 years and have two children, ages 15 and 11, that they liked to physically and verbally abuse by tying the kids’ wrists and ankles, locking then in their rooms for hours at a time, screaming obscenities at them and calling them degrading names. Yesterday, the Quebe’s plead guilty to two felony counts of false imprisonment, two counts of child abuse, and two counts of corporal injury on a child with great bodily injury and sentenced to 12 years and eight months in prison for their heinous acts of child abuse.

The Quebe’s often tried to cover up their child abuse by telling people their children were being home schooled.

Fortunately for those kids, a citizen noticed the restraint marks on their wrists and ankles while the kids were at a community pool in 2008 and called the police.

Ojai man to stand trial on child-abuse charges

A judge on Tuesday called a 3-year-old boy’s statements to police “admissible and persuasive” evidence against his father, who is charged with child abuse.

In a preliminary hearing in the case against the boy’s father, Ernesto Flores, 23, of Ojai, Ventura County Superior Court Judge James Cloninger also ruled that there was sufficient evidence to hold Flores to answer to child abuse charges involving the boy and his baby sister.

The baby girl is Flores’ biological daughter, according to attorneys. Flores is charged with felony corporal injury to a child and misdemeanor cruelty to a child by inflicting injury, according to court documents.

Flores’ lawyer, Monique S. Hill, told the judge that there wasn’t any evidence of abuse of the children by Flores.

In an interview after the hearing, Hill said her client will go to trial to prove his innocence.

“There are some elements missing” in the prosecutors’ case, Hill said. She declined to elaborate.

In court, Sheriff’s Detective Albert Mesa testified that in January he talked to the boy, who had bruises around his eyes and on his nose, and very small bruises on his ears. When asked about other bruises, the boy pulled up his shirt and showed the detective more bruises on his chest area, according to Mesa.

“He stated that his papa had hit him. He was told that he was acting real bad,” said Mesa, adding that the boy repeated a similar comment when asked about the chest bruises. “He stated, once again, that his papa told him he was acting bad.”

Flores’ wife told Mesa that her husband played too rough with the children, the detective testified.

Mesa also testified that she said the boy injured himself playing with a truck and hitting his face.

Authorities allege the baby girl had bite marks on her body. Flores’ wife told Mesa that her husband had kissed the baby too hard, the detective testified.

Also testifying was Sheriff’s Deputy James Popp, who told the court that in January he interviewed the victims’ uncle, who told him that he was visiting his sister and Flores in Ojai on Dec. 23 and saw Flores kick the boy in the buttocks.

The uncle said he immediately confronted Flores but didn’t get an answer from Flores about why he kicked the boy, according to Popp.

“He could not see any reason why the child was kicked,” Popp testified.

The uncle reported the abuse to authorities after seeing the boy with a number of bruises in January and after noticing, every few weeks, that the boy had new bruising and marks on the ears and side of the head, Popp testified.

During her cross-examination, Hill zeroed in on how the investigation was conducted, questioning Mesa on whether he asked the boy who “papa” was and whether the boy knew the difference between a lie and telling the truth.

Mesa said he didn’t do either, but was certain the boy told the truth, adding that qualifying the boy as a truthful witness isn’t something detectives do in such a case.

“If you ask me for my opinion, I would say, ‘Yes,’ the boy is telling the truth,” said Mesa.

Mesa said that later in his investigation he became aware that the maternal grandparents were unhappy about their visitation rights with the children.

Under cross-examination, Popp said the kick by Flores is the only injury described to him by relatives.

From the Los Angelas Times By Hector Becerra and Garrett Therolf
July 25, 2009 South
L.A. boy died after previous reports of abuse

Dae’von Bailey had injuries that suggested blows or other trauma over an extended period of time, a police lieutenant said.

A 6-year-old boy whose battered body was found on the floor of a South Los Angeles home was the subject of roughly a dozen calls to Los Angeles County’s child abuse hotline alleging abuse or neglect, a county official briefed on the case told The Times on Friday.

Dae’von Bailey had injuries that suggested blows or other trauma over an extended period of time, said Lt. Vincent Neglia of the LAPD’s Abused Child Section. Police are searching for the boy’s stepfather, Marcas Fisher, 36, as a “person of interest” in the case.

Dae’von’s death appears to fit a pattern in which children have been killed after their cases already had come to the attention of county child welfare officials. The Times previously reported that last year, 14 children died after being evaluated by the county Department of Children and Family Services. Some of those deaths involved breakdowns in the system in which some agencies knew about potential abuse but had failed to share the information with other agencies. In other cases, investigators found that poor decisions by social workers had contributed to the deaths.

The county Board of Supervisors has repeatedly been warned by auditors and other experts that the child welfare system lacks efficient ways to share information about risks faced by children. After the reports in The Times, the board last month voted to approve a new effort to ensure that agencies share information.

Supervisor Mark Ridley-Thomas, whose district includes South Los Angeles, called on the board Friday to appoint an independent investigator to thoroughly review Dae’von’s case. Thomas said the probe should include looking at the boy’s contact with Family Services and any other government agencies to identify any breakdowns that might have contributed to his death. The inquiry, if approved, would be the first of its kind since 2006.

“We need to get to the bottom of this,” Ridley-Thomas said. “To have a county that has a stain on its image, to have children dying under these circumstances, is very, very difficult to bear. . . . The public has a right to have confidence that we are taking care of these matters competently.”

Family Services Director Trish Ploehn, who since taking office two years ago has made better accountability of social workers a top priority, said she’s already launched “a full and comprehensive internal investigation.”

“This was a tragic and senseless death,” Ploehn said. “I’ve had a full team of people looking at it all day.”

On Friday, neighbors on South 87th Place tried to make sense of what had happened to Dae’von, whom they described as a sweet, well-behaved child. Relatives found him dead on the floor after being alerted by a frantic call from an unidentified person in his home. Fisher was not in the house when officers arrived. Neglia said Fisher had “no history of violent crime” but that he did have a history of property crimes. The coroner’s office had not determined the cause of death.

The county official, who was not authorized to comment on the case and therefore spoke on condition of anonymity, said the dozen calls reporting abuse or neglect occurred at various times in Dae’von’s life. The source said county officials had opened an investigation after each call. But it remained unclear Friday whether social workers had concluded that abuse had occurred or whether the county had an active case file on Dae’von at the time of his death.

The boy’s mother, Tylette Davis, 28, said Fisher had been with her when she was pregnant with Dae’von, but he wasn’t the boy’s biological father. She separated from him some time ago.

Davis said she never witnessed Fisher abuse Dae’von, but she said that about three years ago, Fisher “whipped” one of her older sons until “his butt was all red.”

Davis said that none of her six children, including Dae’von, were living with her because she was “going through things, and I thought he could take care of the kids while I got my stuff together.”

Dae’von and Davis’ 5-year-old daughter — who is now in protective custody — were staying with Fisher; a 14-year-old daughter was staying with a cousin in Compton; and her other three children were staying with her mother, also in Compton…

He and other neighbors say they heard the movie “Medea Goes to Jail” playing loudly in the house. Davis said the film seemed to be playing in a loop, along with a taped performance by comedian Katt Williams. Later, he wondered whether the sounds were intended to cover up tumult inside the house.

hector.becerra@latimes.com

garrett.therolf@latimes.com

Times staff writer Richard Winton contributed to this report

Mother held as suspect in toddler death

Three-year-old found badly burned, bore signs of long-term physical abuse

A La Quinta woman suspected in the death of her 3-year-old daughter, who was found dead after suffering burns that went untreated, is expected to be arraigned next week.


 

While investigating the death of Delilah Urrutia, who turned 3 on May 14, authorities noted that the little girl had suffered other injuries “caused by continuous physical abuse,” according to the Riverside County Sheriff's Department.

Arrested on Tuesday, Yolanda Guadalupe Peña, 39, is expected to be arraigned Monday on charges of murder and cruelty to a child causing death, jail records stated.

She is detained in the Riverside County Jail in Indio in lieu of $1 million bail.

The incident, which officials are calling a “heinous” crime, marks the first homicide in La Quinta this year, said Lt. Raymond Gregory, the city's assistant police chief, Wednesday.

On June 25, shortly after 10 p.m., Peña called emergency personnel to her home in the 44-000 block of Vista Dunes Lane, after finding that her daughter had stopped breathing, officials said.

When officers arrived, they found Delilah dead, covered in first- and second-degree burns to her face, neck, chest, back and arms.

“It was obvious that the burns were from an extremely hot liquid — and you can just imagine how awful that was,” Gregory said.

Peña told emergency personnel Delilah “had accidentally tipped a pot of hot water on herself,” officials said.

She also said that instead of seeking treatment for her daughter, she put the girl in a room for punishment, Gregory said, adding that the girl may have been in the room since midday.

A cause of death has yet to be determined, but authorities said a Monday autopsy showed Delilah had additional injuries “which appeared to have been received over a period of time ”

Investigators, however, believe it is too early to discuss why Peña did not seek medical treatment for her daughter's burns.

“It's a shame,” Gregory said. “Although we've come a long way, things like this remind us that we need to be vigilant and continue to raise awareness about child abuse.”

Calif. man pleads not guilty to stepdaughter abuse

The Associated Press
Monday, June 22, 2009; 7:21 PM

VICTORVILLE, Calif. -- A long-haul truck driver pleaded not guilty Monday to charges he sexually abused his teenage stepdaughters and fathered one girl's baby.

Tony Slone, 43, entered the plea in Superior Court in Victorville, said Susan Mickey, a spokeswoman for the San Bernardino County district attorney's office.

Slone was charged with sexually abusing his now 13- and 16-year old stepdaughters over the last four years. His wife was charged with child abuse for allegedly letting her elder daughter continue to have contact with Slone after he fathered her 13-month-old child.

Tony Slone was arrested June 4 in Chester, N.Y., where he had traveled for work, and was extradited to California on Sunday. He is a registered sex offender and previously served an eight year-prison sentence for lewd acts with a child.

Prosecutors say they learned of the abuse when a high school student reported reading sexual text messages on her friend's cell phone from her friend's stepfather.

Mickey said an attorney from the conflict panel was appointed for Slone. No one at the panel's offices was immediately available to comment. Slone's next court date is June 30.

Anita Slone, 47, reached a plea deal with prosecutors last week. She pleaded guilty in exchange for no more than 180 days in county jail and five years probation, said Kathleen DiDonato, a deputy district attorney.

DiDonato said the probation would help protect the daughters until they are adults. Anita Slone is scheduled to be sentenced in July.

Whittier toddler dies shortly after county closes abuse case

By Ruby Gonzales, Staff Writer

Ruben Ramirez, 18 months, of Whittier died of blunt force trauma Nov. 3, 2008. (Courtesy Photo)

WHITTIER - The Los Angeles County Department of Children and Family Services investigated a report last year that 18-month-old Ruben Ramirez was being abused and neglected. It later ruled the allegations as inconclusive and closed the case Oct. 28, 2008.

Six days later, the Whittier toddler was dead.

Coroner's officials said someone hit and kicked Ruben, resulting in multiple blunt-force trauma. His Nov. 3 death was ruled a homicide. The Sheriff's Homicide Bureau, which is investigating the killing, has not yet made any arrests.

Detectives are waiting for the District Attorney's Office to make a decision on the case.

"We've talked to the principal parties we believe were involved. We've documented and conferred with the DA," said Lt. Dan Rosenberg.

He said the District Attorney's Office will decide what to do or have them go in another direction.

The Department of Children and Family Services served 56,241 children in 2008. Ruben was among the 14 children who died last year who were either in the care of DCFS or had prior contact with the department.

DCFS Director Trish Ploehn said the majority of the the 14 didn't have an open case with the department. One was a boy who died from injuries he sustained from being shaken as a baby by his parents in 2001.

Some of Ruben's relatives believe the DCFS failed him. Ploehn doesn't think so.

"The fact this child died is a tragedy. (But) at the time we closed the case there was no imminent danger to the child," Ploehn said.

Reports on the Ruben Ramirez case released at the request of this newspaper showed the department didn't consider the toddler in danger once he and his mother, Vanessa Villalobos, moved out of the Whittier apartment where she stayed with her then-boyfriend and his relatives. She started taking parenting classes, stayed with her family then later moved in with a friend.

Villalobos denies ever spanking or hurting her son. Her former boyfriend, Robert Gutierrez, who she asked to watch Ruben on Nov. 3, couldn't be reached for comment for this story.

But he has told detectives he wasn't responsible for the toddler's death.

Because a child who had a history with them died, DCFS launched an internal affairs investigation. The probe concluded recently and reports were sent to the performance management section which will determine if there's any culpability and what discipline, if any, will be given.

Ploehn said she cannot name the four employees involved in the case, what positions they hold in the department or discuss the internal affairs investigation until the final outcome.

Vanessa Villalobos thinks DCFS could have done a better job.

"I don't know exactly how their system worked. But keeping the case open a bit longer, making sure I finished class. I barely started (parenting) classes two weeks when they closed the case," she said.

She would have wanted the department to visit her and her son once a month to see how they were doing - to be more proactive.

Villalobos said she would call the social worker who would return calls only after she called the supervisor.

"It was bad. I used to get frustrated," Villalobos said.

DCFS got involved after a doctor noticed bruises on Ruben's ear, cheek and buttocks during a Sept. 3, 2008 appointment to get lab results from an earlier visit, according to a Suspected Child Abuse report.

The report said the doctor noted some of the bruises are consistent with pinch marks and that Villalobos admitted to having an issue with alcohol.

"The mother said ... when she drinks alcoholic beverages it would make her sleepy and she would fall asleep. Mother ... believes while she was sleeping, someone was abusing infant at her boyfriend's home," according to the report.

However, Villalobos disputed parts of the report. She said there were no bruises on Ruben's face. She saw suspicious bruising on his buttocks, got worried and took him to the doctor.

"I had told them I drink once in awhile but whenever I did, I wouldn't pass out to the point where I would pass out and not hear anything," she said.

She said if she drinks, it's "a rare, rare occasion." And when she did, she always had someone watching Ruben.

A Safety Assessment report by the department noted that the boy's caregiver (mother) fails to protect him from serious harm or threatened harm. It said that one or more safety threats were present but didn't explain what these were.

"Safety interventions have been initiated and the child will remain in the home as long as the safety interventions mitigate the danger. A SAFETY PLAN IS REQUIRED FOR THE CHILD TO REMAIN IN THE HOME," the report said.

Ploehn said Villalobos moved in with her mother and grandmother who could assist with the child. The department deemed this home safe. When Villalobos later went to stay with a friend, DCFS also considered this home safe.

"The September case was closed because the child was now in a safe environment," she said.

A social worker either finds an allegation of abuse substantiated, unsubstantiated or inconclusive.

Ploehn said an inconclusive finding is a big area. If there is a belief something occurred but there's no way to determine when it occurred or who did it, she said that would fall under inconclusive.

"At the time that's determined, you look at a way to ensure the child's safety," she said.

Once that's done, Ploehn said the options include closing the case.

"We can't keep the case open and keep interfering in the family's life if they're cooperative, if the child was placed in a safe situation," she said.

By Nov. 3, 2008, Villalobos and her son were living with a friend in Whittier. The two women went to do errands and picked up Villalobos' boyfriend on the way home.

Villalobos asked Gutierrez to watch over Ruben while she took a shower. She later helped him move the playpen to a room and put a sippy cup with milk for her son.

Her friend left to pick up her children.

While Villalobos was in the kitchen, she heard Gutierrez shout that Ruben wasn't breathing. She said he came into the kitchen with a worried look on his face.

"I run there and I see him. And he looked lifeless. I start freaking out. What's the matter with him? Bobby told me, `I don't know. I saw him like that."'

She called 9-1-1 and they tried to perform CPR on Ruben. She said he started breathing.

Ruben was being taken by an ambulance to a helicopter when he went into cardiac arrest. Paramedics rushed him to Presbyterian Intercommunity Hospital where he died. The doctor suspected abuse when he saw bruising to the back of the toddler's head, according to the Nov. 3 Suspected Child Abuse Report.

Ploehn said it wasn't because of this case or any other case but the department has revamped its initial response by retraining staff and shifting more experienced employees to the front end.

"Any child or baby death is the worst possible outcome," she said. "We have a big operation. We have many children served. No child death is acceptable."

           
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Man Convicted of Beating, Torturing & Murdering Girlfriend's Toddler


Last Update: 6/30 5:07 pm
VISTA - A man who fatally beat and tortured his girlfriend's 2-year-old son, causing bruises from head to toe, was convicted Tuesday of first-degree murder and other charges that could lead to the death penalty.

After deliberating for parts of three days, jurors found true a special circumstance allegation that Jose Maurice Castenada tortured Cesar Razo, using hangers, cable wire, belts and a yellow cord.

Castenada, 24, was also convicted of assault on a child with force likely to produce great bodily injury or death, torture and felony child abuse.

After a monthlong trial, jurors also found the defendant guilty of misdemeanor child abuse for beating the victim's then-5-year-old sister.

Castenada was acquitted of charges that he tortured the girl.

The penalty phase of trial is scheduled to begin tomorrow, after which jurors will recommend the death penalty or life in prison without the possibility of parole.

Cesar was rushed to a hospital where he died June 25, 2005.

Castenada and the child's mother, Maria Razo, told emergency room doctors that the victim had fallen from a swing set.

An emergency room doctor who treated the victim said his injuries were so severe she thought he had been run over by a car.

Prosecutors said Castenada tortured the 23-pound victim for up to 10 months before his death and that the toddler was forced to live in a small, dark closet.

Cesar had 304 injuries on his 34-inch-long body and lacerations to his liver and penis when he died.

Defense attorney Allen Bloom alleged the victim's real killer was his mother.

The mother pleaded guilty two years ago to voluntary manslaughter and child abuse and testified against Castenada. Judge Joan Weber is expected to sentence her to 16 years and eight months in state prison on Aug. 21.

Red Bluff man faces 14 years in child abuse case

     

RED BLUFF - A Red Bluff man is facing up to 14 years in prison next month after a Tehama County jury convicted him of physically abusing a 14-month-old baby.

Victor Matthew Conner, 33, was convicted Thursday of felony child abuse and causing great bodily injury to a child under the age of 5, said Assistant District Attorney Jonathan Skillman, who prosecuted the case.

Conner is due to be sentenced on July 13 in Tehama County Superior Court.

Skillman said the baby girl was admitted on Aug. 13, 2007, to St. Elizabeth Community Hospital in Red Bluff and then flown to the University of California at Davis Medical Center in Sacramento suffering two broken legs, a broken arm, a severely swollen eye and a concussion.

The girl, who is now 3, has fully recovered from her injuries, Skillman said.

Authorities learned during their investigation into the case that the little girl had been staying with her mother, 24-year-old Samantha Elliot, and her boyfriend, Conner, Skillman said.

Elliot had left the child alone with him to attend a welfare appointment and noticed when she returned that the baby had a swollen eye and could not stand, he said.

The baby, however, was not taken to the hospital until seven hours later, Skillman said.

Elliot, who was charged with felony child endangerment, pleaded guilty to the criminal count in March and is due to be sentenced on Monday, Skillman said.

Nearly half of the Los Angeles County children who died last year from abuse and neglect were from families under the watch of child welfare officials, records show.

The heavily redacted records, released Monday after a California Public Records Act request by the Los Angeles Times, include previously confidential medical records, family services documents and police reports.

They show that the families of 14 of the 32 children who died in the county in 2008 from abuse and neglect, including physical assault and malnourishment, were under the scrutiny of Children and Family Services and should have been known to social workers.

Ten of those cases are under investigation and could result in disciplinary action.

BAKERSFIELD, Calif. – A 4-year-old California boy may be permanently blinded after police say his father bit out one of his eyes and mutilated the other.

Bakersfield police say 34-year-old Angel Vidal Mendoza appeared to be under the influence of PCP when he attacked the boy April 28. Afterwards police say Mendoza rolled his wheelchair outside and began hacking at his own legs with an ax.

Four-year-old Angelo Mendoza Jr. told police, "my daddy ate my eyes."

Doctors at Mercy Hospital say it's unclear whether Angelo will regain vision in his right eye.

The boy's mother wasn't home at the time.

Mendoza is due in court Wednesday. Charges include mayhem, torture and child cruelty

 

Thursday, April 30, 2009

Reported by: Sarah Spotten

The Atascadero Police Department says a baby who was severely injured in an alleged child abuse case has died at the hospital.

Atascadero police arrested 25-year-old Kelly Lavigne on March 26 after they say he shook his 6-week-old baby, causing the child to stop breathing.

The infant was taken to the Children's Hospital in Madera, where Atascadero police say the child died Thursday.

The cause of death has not been determined, and an autopsy is scheduled for Friday, May 1.

Court records detail extent of toddler's injuries


LIVERMORE — The 23-month-old victim of physical abuse, which police suspect was at the hands of her caretaker, died Wednesday.

The girl, identified in court documents as Heaven Hernandez, was taken off life support at Children's Hospital Oakland, said Livermore police Lt. Matt Sarsfield.

According the court records, the toddler arrived at the hospital Saturday morning with more than one skull fracture, multiple bruises, bleeding on the brain, internal bleeding, chest injuries and two untreated bone fractures.

She was declared brain-dead Monday at the hospital.

Mary Katherine Downing, 54, the child's caretaker, was arrested Saturday, suspected of doling out the abuse. Officials suspect that the abuse was ongoing.

Downing has been charged with attempted murder in the girl's case. She did not enter a plea at her arraignment Tuesday, but she was referred to the public defender's office.

Now that the child has died, investigators say they will amend their complaint to a murder charge against Downing, as well as a charge of assault to a child younger than 8 that causes death.

She is being held without bail at Santa Rita Jail in Dublin and is scheduled to return to court April 1. Downing's case has been referred to the public defender's office, but an attorney has not yet been assigned.

According to court records, police and fire crews arrived at Downing's home in the 2100 block of Percheron Road about 12:30

a.m. Saturday for a medical emergency after Downing called, saying the child was unresponsive. Downing was caring for the child, who police said is her fiance's granddaughter.

Livermore police officers noticed the girl had injuries that indicated she may be a victim of child abuse.

The toddler and Downing were the only people home at the time the injuries occurred, according to a Livermore police arrest declaration.

Downing told police the girl hurt herself after she had fallen two or three days before, but officers did not believe that account because the injuries were not consistent with a fall.

She later told police that she accidentally dropped the girl once, and then violently shook and dropped the child at least three more times after that.

A 5-year-old boy who also lived at the home has been placed in the custody of Child Protective Services. There are no signs that the boy had been abused.

TSaturday, Mar. 14, 2009
By Brad Branan / The Fresno Bee


In the final beating of her life, 3-year-old Erianna Beltran was hit with an extension cord, bitten on the arm and left with so many bruises that doctors couldn't count them all.

Although her case has received little public attention, Erianna's death in January 2008 is part of a disturbing pattern in Fresno County -- the third time in about two years that a parent or guardian has been charged with killing a child after county social workers had already been warned about abuse or neglect.

In each case, relatives or lawyers have accused the county of failing to protect the children by not taking more decisive action before they were killed.
PDF: Comparing Fresno County CPS to other California counties


Statistics raise further concerns: Among California's 20 biggest counties, Fresno County is one of the worst when it comes to meeting standards for child protection, The Bee found in an analysis of state data. The county's Child Protective Services office is less likely to conduct timely investigations, and less likely to make required social work visits to children in the system. Fresno County is also far less likely to confirm allegations of mistreatment.

The statistics show the agency isn't protecting all children in the system, experts say.

Catherine Huerta, director of the department that includes Child Protective Services, says she lacks the social workers needed to meet every state requirement. By shifting workers to stay on top of the most pressing cases, other children may fall through the cracks, she concedes.

"I understand the risk," she said. "I can only work with what we have, and sometimes that has not been enough."

Huerta said Fresno County social workers have larger caseloads than do those in other big counties -- in part because Fresno County does not use much of its own money to supplement state funding. Neither she nor state officials were able to provide caseload statistics to confirm this.

The death of 10-year-old Seth Ireland in January led the county to create a task force to examine Child Protective Services.

Several reports of alleged abuse and neglect of Seth were made to the agency before his death.

County Supervisor Henry Perea, who led the call for reform after Seth's death, questions whether staffing levels are the sole reason for the agency's problems. The agency isn't going to receive additional employees anyway, considering the county's financial problems, he said.

Perea made the same plea following the alleged beating death of 3-month-old Roman Quiroz in November 2006. Roman's father, Robert, a U.S. Marine who served in the Middle East just before the death, is accused of killing Roman in a pending Fresno County Superior Court case.

Those aren't the only deaths involving Fresno County Child Protective Services. Since July 21, 2006, when such information became publicly available, three other children have been killed from suspected abuse or neglect when the agency had a prior case involving another family member.

The county's top administrator, John Navarrette, recently appointed a three-person task force to look at Child Protective Services. He expects the task force to return with recommendations within three months.

Perea is eager for answers. "The longer we wait, the more likely it becomes that someone else will die," he said.

A dysfunctional family

:

Slain Boy Had Just Celebrated 2nd Birthday

updated 11:45 p.m. ET, Sun., March. 1, 2009





Bennie Harris Jr. appeared in court Thursday, pleading not guilty to charges that he killed his two-year old son, Benny Harris III last week.





Harris, Jr. explained the death to family members as an accident that happened during horseplay. He told relatives he was swinging his son around by his arms when he got dizzy and let the child go - slamming the toddler into a door accidentally.

According to Ned Caswell, the child's great-grandfather, the family is not buying Harris, Jr.’s story.

"I'm shocked, I'm shocked. I didn't expect anything like this to happen to a two-year old kid," he said. "There's no reason in the world for someone to harm him, they could not harm him."

An aunt said they were told by a social worker they may never know the real story.

Police received a 911 call around 7:20 p.m. February 19 from a man saying his son was "unconscious and not breathing" at 10210 San Diego Mission Road. The father was the only one home at the time, according to investigators.

Bennie Harris III suffered severe head trauma and was pronounced dead Friday, February 20 at 5 p.m.

Harris, Jr. was arrested in El Cajon three days after the child died when a medical examiner’s report stated the death didn’t look like an accident.

He was living at the Mission Valley apartment with the child and the child’s mother, but the couple was not married.

The mother was not emotional during Harris’s arraignment. She didn’t speak about her son to reporters outside the courtroom but did provide information about a memorial fund. Donations can be given at any Bank of America, designated to go to the Bennie Lee Harris III Memorial fund.

Family members said Harris, Jr. had been abusive to the child's mother in the past as well as past girlfriends. Harris, Jr. does have one felony robbery conviction for which he had served time, according to Deputy District Attorney Harrison Kennedy.

Outside court, Caswell talked his great-grandchild. "He was an active little boy," he said. "We had just recently celebrated his second birthday with a party in January, a month later he is dead." Caswell said the toddler’s father did not attend the child's party.

Harris, Jr. is being held on $1 million bail. He faces one count of murder and one count of assault on a child under 8 years of age causing death.

WOODLAND, CA - An 18-year-old Woodland mother and her boyfriend have been booked into Yolo County Jail on suspicion of sexual and physical abuse of a child.

Sgt. Dan Letamendi with the Woodland Police Department said Jessica Brook Carpenter, the mother of the 10 month old girl and her boyfriend, Richard Schirnhofer III were arrested Thursday night, accused of of willful and corporal injury to a child inflicting great bodily injury and sexual acts with a child under 10 years old. Schirnhofer is not the victim's father.

Woodland detectives began their investigation last October when Carpenter was admitted to Woodland Memorial Hospital. Letamendi said Caprenter's daughter, then 7-months-old, was placed in temporary custody with Child Protective Services because her hospitalized mother couldn't care for her. It was then a caregiver noticed and reported bruises on the baby's jaw, cheek, ears, inner thighs and genital area.

Doctors with UC Davis Child and Adolescent Abuse, Resource, Evaluation Center were called in to exam the girl. Letamendi said they determined she had numerous healing rib fractures, a leg fracture and pelvic bruising.

Detectives conducted interviews with the suspects and others and collected additional evidence to obtain arrest warrants for Carpenter and Schirnhofer, Letamendi said.

Bail was set at $1,225,000 each. Carpenter and Schinhofer were scheduled to be formally charged Friday afternoon.

Carpenter's daughter remains in protective custody and is doing better, according to Letamendi.

CPS Releases Report After Child Dies from Alleged Abuse

Posted: Jan 21, 2009 02:08 AM EST

By: Norma Yuriar and Kyra J. Neyland

The father of 10-year old Seth Ireland says he is suing Child Protective Services for his son's death and he's hired a well-known Fresno Attorney.

Warren Paboojian says he will file a lawsuit against CPS in the next thirty to sixty days.

Seth died on January 6th, after investigators say the 5th grader was severely beaten by his mother's boyfriend, Lebaron Vaughn. Rena Ireland is also in police custody on child abuse charges.

Paboojian says CPS received plenty of warnings but failed to remove Seth from an abusive home.

"He also wants to make sure this never happens again and to find out what happened and why the system failed Seth and Joe Hudson, and this terrible tragedy occurred.  Obviously, one of the ways you do that is to file a civil suit and seek monetary damages," said Paboojian.

Seth's father, Joe Hudson, says he was fighting for legal custody of his son before he died earlier this month.

A new reports states Seth and his brothers were allowed to use alcohol or other drugs while in his mother's care.

The Fresno County Department of Children and Family Services released its complete investigative file in the 10 year-old's case.

In the months leading to the child abuse death of Seth Ireland, a half a dozen calls were made to Fresno County Child Protective Services on behalf of the 10-year old, according to the 200 hundred-page report released on Tuesday.

"This report is everything we have on file about his case, our own person files. It is police records, it is everything we have," said Cathi Huerta.

But Huerta, Director of the Fresno County Children and Family Services Department, says she can't release certain information. Names and details of abuse where blacked out, pending criminal proceedings.

"The District Attorney's office believes that it could impede their investigation, it's a criminal investigation.  It could have biased the public toward where it might be a change of venue," said Huerta.

According to the report, from August 27th until December 29th, CPS received 6 different referrals including this one.

An anonymous caller told the CPS screener he/she could hear arguing and fighting coming from Seth's home and banging on the wall.

The caller says," The kids are often heard screaming, stop!"

The caller tells the screener there is concern the kids are being abused.

According to CPS, Seth and his brothers were never removed because they were not at eminent risk.

"Do I believe my social worker's judgment? That she made a sound decision? Yes, I believe she did," said Huerta.

Huerta says a quality assurance board compiled the report.

It also says the county paid up to $5,000 for burial expenses because the 10-year old died while under the care of Child Protective Services.

Father pleads not guilty to charges of child abuse

By Layla Bohm
News-Sentinel Staff Writer
Updated: Wednesday, February 4, 2009 5:50 AM PST

A Lodi father pleaded not guilty Tuesday to charges that he used a clothes iron to burn his 6-year-old daughter, as well as beating her with a stick.


Javier Velazquez

Javier Velazquez, 29, shook his head as a San Joaquin County judge read the charges and later set bail at $250,000.

His wife, Maria Lupian, pleaded not guilty to one count of child endangerment. She remains free on $50,000 bail she posted this weekend, with the help of her in-laws.

The two were arrested Friday after an employee at the girl's school saw the burns and called police.


Maria Lupian

The burns were severe enough that the girl will have scars for life, Detective Steve Maynard said. He had not released details, but a prosecutor said in court Tuesday that the weapon used was an iron.

Police had arrested the father on suspicion of torture, which carries a possible life sentence in prison, but prosecutors did not file that charge.

Instead, they charged Velazquez with two counts of inflicting corporal injury to a child — one count each for December and January, when the acts allegedly occurred. He also faced two enhancements of causing great bodily injury, which can add three years to a prison term, as well as a charge of child abuse.

Lupian did not abuse the girl, police and prosecutors said, but she was charged with one count of child abuse for allegedly knowing of the crime and not stopping or reporting it.

Her public defender, Matthew Kowalski, said in court Tuesday that Lupian works nights and goes to school, so she was not home to even know about the crimes.

Velazquez's private attorney, Michael Small, sought to have his client released from custody, noting that Velazquez has lived in San Joaquin County for nearly 20 years and has never previously been in trouble. Velazquez was laid off from a previous job and is now a self-employed landscaper.

Deputy District Attorney Frank Kooger argued against release, saying that a clothes iron was used multiple times, and that the girl was beaten with a stick when she disobeyed.

Warner ultimately set Velazquez's bail at $250,000 and ordered both parents to stay away from the girl.

Three other children were removed from the home Friday when the parents were arrested, though neither parent is accused of abusing them.

Lupian, who spent time after court talking with her husband's attorney, declined to comment, as did the attorney. Both will return to court Feb. 17.

Contact reporter Layla Bohm at layla@lodinews.com.

Family Members Angry After Deadly SWAT Shooting

KTLA News

August 12, 2008, 5:57 AM PDT
 

LYNWOOD --- Authorities are on the offensive after a sheriff's SWAT team member fatally shot a man who allegedly shot and wounded his common-law wife and then held the couple's 2-year-old daughter hostage inside his Lynwood home for more than two hours, officials said today.

The barricade situation in the 3100 block of Los Flores Boulevard, near Long Beach Boulevard, began at about 8:45 p.m. Sunday, said Deputy Jim Jobling of the Los Angeles County Sheriff's Department's Century Station.

When deputies arrived, they found a wounded woman, identified as Laura Sibrian, 29, "who had been shot in the abdomen by her common-law husband, Gerrardo Arvallo, 32," Los Angeles County Sheriff's Deputy Byron Ward said in a statement.

The SWAT team entered the house around 11:30 p.m. after talks with Arvallo failed, officials said.

The suspect had been talking to the SWAT team and refused to release his daughter while making threats to kill himself, Ward said. "Believing that the child was in imminent danger, a sheriff's Special Weapons Team implemented a hostage rescue plan, which resulted in a deputy-involved shooting and the rescue of the child", he said.

A deputy fired a single shot and killed Arvallo when he was not near the child, authorities said. It was not immediately known whether Arvallo was shot before or after the SWAT team entered the home, authorities said.

Family members are upset and say they should have been given a chance to talk Arvallo out of the situation. Police say their first concern was for the safety of the child, who was not hurt in the ordeal and was placed in protective custody.

Sibrian was shot once in the abdomen and was in stable condition at a local hospital Monday, authorities said. She was expected to survive.

A woman, who identified herself as Sibrian's sister, told KTLA that she is caring for the toddler at this time. She also said that Monday marked the birthday of the child and Sibrian.

Copyright © 2008, KTLA

Father arrested  
Written by Tracy Press staff   
Sunday, 29 June 2008
Five-month-old baby found with cracks in skull, possibly caused by shaking.
Image
Leobardo Reyes
Police arrested a Tracy man on suspicion of cracking his infant daughter’s skull late Friday night.

Leobardo Reyes, 23, was charged with felony child endangerment after doctors found cracks in the 5-month-old baby’s skull.

“Police found out that he shook the baby,” city spokesman Matt Robinson said.

The baby was in serious condition as of Saturday afternoon. She was sent to the Children’s Hospital in Oakland.

Parents of the shaken baby took her to Sutter Tracy Community Hospital around 10:30 p.m. Friday. Doctors noticed the baby’s three cranial fractures and called police.

Police questioned the parents and elicited enough information to arrest the father.

No charges were leveled against the child’s mother as of Saturday. The mother and the infant placed in custody of the San Joaquin County Child Protective Services.

Reyes is being held on a $500,000 bail. He is set to appear in court on Tuesday at the Manteca branch of the San Joaquin County Superior Court. 

• To reach a Tracy Press reporter or editor, call 835-3030 or e-mail tpnews@tracypress.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Resting in Peace
swingboy.gif
Never to be hurt again

child in roadside beating

Monday, June 16, 2008

(06-15) 16:56 PDT -- Sergio Casian Aguiar, who worked at a supermarket in Turlock, was fatally shot by police Saturday night after he refused to stop attacking his 2-year-old son, according to the Stanislaus County Sheriff's Department.

His estranged  wife, Frances Liliana Casian, is a kindergarten teacher.  She was out of towm and the baby was staying with his father and the father's roommate for the weekend. 
He parked his truck on a country road outside Turlock on Saturday night, removed the baby boy from a car seat and then beat the child to death in the street, fighting off passers-by who tried to stop him, until he was gunned down by a police officer whose helicopter landed in a nearby pasture, police said Sunday.

The 27-year-old suspect, who lived in Turlock (Stanislaus County), died almost immediately where he fell. The child, who according to police appeared to be 12 to 24 months old, was taken to a hospital but died before arrival.

Police officials declined to identify the man and said they were not yet certain who the child was - or in what way, if any, he was related to his attacker. The Stanislaus County coroner's office told police that the agency may have to identify the boy through a DNA test because he was beaten beyond recognition.

No information was immediately available about the child's mother.

The suspect "had tunnel vision," said Stanislaus County sheriff's Deputy Royjindar Singh, a department spokesman. "As people tried to intervene, to tackle him, he just went back to what he was doing. Anything and everything he could do to the baby, that's what he was doing."

Singh said investigators were working hard to answer a series of questions about the shocking case, including why the suspect stopped in the roadway, where he was coming from and where he was going. Singh said he did not know whether the suspect was under the influence of alcohol or drugs.

The beating and subsequent shooting by police happened near a dairy ranch along two-lane West Bradbury Road, between South Blaker Road and South Central Avenue, in an unincorporated area about 10 miles west of downtown Turlock and 20 miles south of Modesto. The rural road, which extends straight west from Highway 99, has no streetlights.

Singh said an elderly couple driving along West Bradbury Road just after 10 p.m. made the first 911 call to police, reporting that the suspect's four-door Toyota pickup truck was parked facing west in the eastbound lane. According to the caller, the suspect was behind the truck, where he was brutally beating the boy.

The couple had poor cell phone reception and did not give authorities a precise address, delaying the response by a few minutes, Singh said. But soon, he said, others called as well, and some witnesses stopped and tried to halt the attack on the child, who was shaken, punched, kicked and stomped on the pavement.

"One (person) tried to intervene, and the suspect pushed him off and continued assaulting the baby," Singh said.

By 10:13 p.m., a county dispatcher had confirmed the correct location and broadcast it, Singh said, but it was so remote that the first officers to arrive were aboard a Sheriff's Department helicopter that had been patrolling over Turlock. The pilot, a sheriff's deputy, and the tactical flight officer, a Modesto city police officer, landed in a cow pasture just off the roadway at about 10:19 p.m., Singh said.

The flight officer then ran about 20 yards toward the suspect and, while standing behind the pasture's fence, ordered him to stop beating the child, who was on the ground, Singh said.

"He refuses to comply with the orders, and the officer fires," he said, "resulting in the death of the suspect."

Firefighters from a nearby station arrived a few minutes later and tried desperately to resuscitate the child. The boy was then rushed to Emanuel Medical Center in Turlock. Despite this effort, Singh said that the child died before arrival at the hospital.

By the time the ambulance had left the scene, Singh said, almost a dozen people had witnessed some part of the incident, with at least two trying to physically stop the suspect.

"The two officers on the helicopter, they were pretty shook up about it," Singh said. "We have to kind of expect this in our line of work. But for people who were just driving home, they weren't prepared for this. They're watching a helpless baby die in front of them and they're trying to intervene, but all their efforts aren't doing anything."

E-mail Demian Bulwa at dbulwa@sfchronicle.com.

This article appeared on page A - 1 of the San Francisco Chronicle

Coach Accused Of Molestation To Stand Trial

POSTED: 4:18 pm PDT June 4, 2008
UPDATED: 5:45 pm PDT June 4, 2008

An East County youth coach was ordered to stand trial Wednesday on allegations he molested five girls, including two of his own daughters.


Former softball coach, James Russell Phillips, 41, is charged with seven counts of committing a lewd act on a child. Deputy District Attorney Claudia Grasso said he also faces a multiple-victim allegation.

Four of the alleged victims, ages 11 to 14, testified in an El Cajon courtroom against him. Also on the stand was Lisa Brennan with the San Diego Police Department.
She testified that she interviewed a 12-year-old who claimed she was molested by Phillips when she was about 8 years old. Brennan said Phillips was the girl's softball coach, and the child said he touched her inappropriately.
The child told Brennan that one time, while she was with Phillips' daughter, she was on the master bedroom bed. Brennan said that the girl said Phillips asked his daughter to leave and sat on the bed with her, allegedly rubbing the girl between her legs, over her pants.
The same girl told Brennan that Phillips would ask her to play a "game" where he would hide the softball in his pants and ask the child search his pants. The child did not do so, according to the detective, and told her parents about the incident.
Brannan described another alleged incident involving a different girl.
"She said Coach Phillips offered her private lessons because she wasn't very good at softball. She would go to the house and Mr. Phillips would walk by her and touch her bottom and he would touch her breasts," she testified.
Brennan also testified that one of his daughters told police that her father kissed her on her mouth and would allegedly touch her breasts and buttocks.
Phillips, who coached in the Julian and Ramona areas, has denied the allegations.
He's due back in court for a rearraignment on June 18. If convicted of the charges, he could spend 25 years to life in prison.
Phillips is being held on $900,000 bail.

  •  Father Arrested for Scalding Baby 
  • David Begnaud
  • SACRAMENTO (CBS13) ― A baby burned with scalding hot water.
    Police nabbed the father in Nevada, the same state where family members say he served 12 years for attempted murder. Now, he's accused of scalding his own son.

    Karen Hoffman is Xavier's grandmother. At the time, back in August, her daughter, the baby, and the baby's father Alaric Simmons were living with her.

    "When ever he was alone with the baby, little things would happen, he would have a split lip," says Karen.

    One weekend, while out of town, she got a phone call she'll never forget.

    "He told me you need to get the hospital," explains Karen.

    Xavier had second and third degree burns on his face.

    "He said that he put him on the bathroom sink, and that he was washing up and the baby had fell into the water. But he had no burns on his hands, and he had no burns anywhere else on his body, just one on the side of his face, and that part was covered," Karen says.

    The injuries took a toll on Karen and the family.

    "And to hear him cry, when we brought him home we gave him medicine and we had to scrap it and he's scream and I couldn't do it, and my boyfriend did it," Karen said.

    Now, the injuries aren't even noticeable. Today, Simmons, appeared almost disinterested as a judge told him he's charged with corporal punishment and child endangerment.

    "I wish he would burn in hell, and I'm not that kind of person," Karen says sadly.

    (© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)

      ++++++++++++++++++++++++++++++++++++      
          Needless Victims of Child Abuse

    Infant in critical condition, father arrested on suspicion of attempted murder

    | Thursday, May 1 2008 10:15 PM

    Last Updated: Friday, May 2 2008 7:06 AM

    Police arrested a father Thursday accused of hitting his 6-week-old baby boy several times in the back of the head and causing a traumatic injury.Police went to a home in the 300 block of Monterey Street at about 3:30 p.m. to help a baby who was having breathing problems, according to the Bakersfield Police Department.

    Officers performed CPR on the child until medical help arrived. The baby was taken to Kern Medical Center and was in critical condition Thursday afternoon, police said.

    Police arrested the child’s father, Timothy Webb, 21, of Bakersfield on suspicion of attempted murder.

    Rest in Peace
    swingboy.gif
    Andrew

    Body of missing child found in Dumpster, father arrested

    Associated Press - March 15, 2008 11:44 PM ET

    MARTELL, Calif. (AP) - Officials found the body of a missing 2-year-old boy in a trash can hours after arresting his father on suspicion of kidnapping and assault.

    The El Dorado County Sheriff's Department says the body of Andrew Bailey was found Saturday in Martell, a town in Amador County.

    The boy's father, Charles Bailey, was arrested earlier Saturday in Sonora after officials say he assaulted his girlfriend with an axe and nabbed the boy, Andew Bailey.

    Scores of people volunteered in the sheriff's search effort once the boy disappeared.

    Sheriff's Sgt. Bryan Golmitz says the investigation by local agencies is being aided by the FBI.

    Information from: The Sacramento Bee, http://www.sacbee.com

    Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    Rest in Peace
    angel010.gif
    Little Girl

    3-year-old found dead; father arrested for murder

     

    By KSEE 24 News

     
    A Dos Palos man has been arrested on murder charges in connection with the death of his 3-year-old daughter.

    Police said Liadan Wright was found dead at a home in the 1300 block of Dos Palos avenue Monday afternoon around 5 p.m.

    Initially Jericho Wright,26, was questioned and arrested on a neglect charge, after he told investigators that he returned from work at 5:30 a.m. Monday to find the girl unresponsive.

    When pressed further he admitted that around 3:00 p.m. on Sunday, his daughter had wet her clothes for the second time. Frustrated, Jericho threw her into the shower, causing Liadan to hit her head.

    Later that evening she said she was sleepy and went to bed.

    At 3:30 a.m., Jericho said he checked on her and found her sleeping and decided to leave her there while he went to work delivering newspapers.

    When he came home two hours later, he found her dead. At that point he went back to work to finish his paper route and didn't come home until 9:00 a.m. Monday morning.

    Jericho told investigators he tried to commit suicide by drinking a bottle of wine and a bottle of champagne and taking some pills, but when he awoke around 5:30 p.m. Monday night he called 911.

    He is being held in Merced Jail without bail.

    Police said Jericho and the girl's mother,who lives in the Los Banos area, were seperated and shared custody of the girl.
    ++++++++++++++++++++++++++++++++++++++++++++++++++

    The Humboldt County Sheriff’s Office arrested a Eureka man yesterday while investigating a report of possible child abuse.

    At about 1 p.m. Tuesday, sheriff’s deputies and personnel from Humboldt County Social Services Child Welfare Services and the Humboldt County Department of Public Health responded to a residence in the 5200 block of Vance Avenue in Eureka. They met with a child who had what appeared to be third-degree burns on the his ankle and other, less severe burns on his face.

    The child’s father, David William Bollig, 28, indicated that the child was burned while Bollig was holding him, a news release from the HCSO stated. Bollig had ignited black powder near the child in an effort to discipline him, according to the release. The injuries were approximately five days old and the child had not received medical care from a medical professional.

    Sheriff’s deputies arrested Bollig on suspicion of inflicting unjustifiable pain/mental suffering on a child and failure to provide, the release stated. His bail was set at $50,000 and he was released from custody after posting bail. He is scheduled to be arraigned on Jan. 23.

    The victim and a younger sibling were removed from the home and placed in protective custody pending further investigation, according to the release.

    +++++++++++++++++++++++++++++++++++++++++++++++++

    Rest in Peace
    MessengerOfPeace.jpg
    Raijon Daniels

    Richmond Mother Arrested In Child's Torture Death

    October 30, 2006

      Mother of an 8-year-old boy was arrested on suspicion of child endangerment, torture and murder in what police were calling one of the most disturbing crimes ever investigated by the Richmond Police Department.

    "Based on the obvious physical abuse, it's just horrific what this child went through," said Lt. Mark Gagan.

    The boy was identified as Raijon Daniels.

    Police believe that the child had been abused for months and possibly years before being murdered, Gagan said.

    He was home-schooled for at least this year, Gagan said.

    Rescuers received a call for help at about 5:15 p.m. Saturday that led them to the 700 block of S. 40th St. in Richmond. The boy was unresponsive when they arrived, according to Richmond police. He was taken to Kaiser Permanente Medical Center, where he was pronounced dead.

    His mother, 23-year-old Teresa Moses, was taken to the police department for questioning after the incident and later arrested. She has been booked into county jail.

    If convicted of all the charges, Moses could face a life sentence, Gagan said.

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    Marin man gets 200 years for molesting daughter's classmates

    Wednesday, August 1, 2007 16:21 PDT SAN RAFAEL -- A 65-year-old Terra Linda man was sentenced today to 200 years in prison for molesting three grammar-school classmates of his young daughter during sleepover parties in the family home.

    Robert Alan Girard was sentenced in Marin County Superior Court in connection with the molestations, which occurred from 2003 to 2006 and involved 8-and-9-year-old girls, Deputy District Attorney Linda Witong said.

    Girard was already a registered sex offender following a 1980 conviction in connection with unlawful sex with a 9-year-old girl.

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    January 27, 2007

    By Vickie Welborn

    MANSFIELD — A Frierson couple was jailed Friday in connection with the sexual assault of a 7-year-old child, DeSoto authorities said.

    Bartolo Bernal, who is an illegal immigrant from Mexico, is charged with multiple counts of aggravated incest, DeSoto sheriff’s Cpl. Adam Ewing said.

    Asked to clarify the number of charges, Ewing responded, “I can’t tell you. I lost count.”

    Bartolo Bernal’s wife, Miranda Bernal, 28, was booked into the DeSoto Parish Detention Center, too, and charged with accessory after the fact to aggravated incest.

    She is alleged to have been aware of the sexual assault for about six months but only reported it Thursday, said Sgt. Brett Cooper.

    Investigators believe the assault has been going on for about five years.

    The victim was taken into state custody Friday, as were five siblings, Ewing said

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    Rest in Peace
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    Miranda

    Friday, September 15, 2006

    Foster child, 2, killed by father

    Foster mom says county missed abuse signs.

    By JENIFER B. McKIM
    The Orange County Register
    Foster mother Nancy Perez cried after she saw the sad state of the little girl she'd cared for through infancy.

    Miranda Davila, who'd recently returned to her parents, was thin and withdrawn. The 2-year-old had clumps of hair missing from her head.

    Perez called the social worker to warn him.

    ”I told him, ‘Something is wrong. She looks really bad,' ” said Perez, who has more than 20 years of experience caring for medically fragile children in Cypress. “He said he would take care of it.”

    The next call, months later, was from the police. Miranda was dead.

    The little girl had been found unconscious in a filthy motel room with a skull fracture and bruises on her face, neck, back and buttocks. There was spoiled, moldy food in the refrigerator and maggot-infested food in the bathtub, a county report said. It was October 2003.

    Miranda's father, Salvador Davila, was charged with killing his daughter by pushing her into a wall. He is serving 25 years to life in prison for her death. The mother, who initially said she caused the accident, recanted, saying she was trying to protect the father, court documents show.

    Perez and the girl's grandmother, Angela Miranda, say the 2-year-old should not have been returned to her parents, who lived in a cramped motel room and struggled with drug addiction. They believe the social worker should have seen signs of abuse.

    “How could (the social worker) look at the baby and do nothing?” asked the grandmother, who says she also called the social worker with worries about Miranda's weight and hair loss.

    The social worker, Daniel Whitehurst, declined to comment, citing agency policy prohibiting workers from talking about their work.

    Michael Riley, director of the county's Children and Family Services, wouldn't speak specifically about the case except to say social workers are one part of a team of people who decide a child's fate. He added that situations can change from good to bad quickly.

    Robert Hutson, presiding judge of the Juvenile Court, said the court thought Miranda Davila was being protected.

    “I couldn't imagine the bench officer allowing the child to stay there if they had an inkling,” Hutson said after reading reports of her death. “I'm looking at the reports here that says … that they were living in squalor. ... It seems to me it was a change in situation. It's what I hope to believe.”

    Miranda is one of at least three Orange County children who died since January 2000 after being returned by the Juvenile Court and social workers to their parents.

    Details of Miranda Davila's story were revealed in a child death review written by the county Social Services Agency and obtained by The Orange County Register.

    The report showed Salvador Davila asked his social worker to delay his daughter's return until he and his wife could find suitable housing.

    The social worker agreed. But a juvenile court judge, pressed to unite families in short order, returned Miranda Davila to them in March 2003. After a 60-day trial period, the social worker reported the family appeared to be doing well despite the housing situation.

    Yana Kennedy, the girl's court-appointed attorney, said she learned only later that Miranda's home life was deteriorating. The motel room was cluttered and the girl had small bruises, she read in a report after the girl's death.

    Kennedy said these signs indicated a drug relapse.

    “The father was losing it. He picked her up and slammed her against the wall,'' Kennedy said. “I wish the social worker had told us things were deteriorating. We would have sent someone out unannounced. ... It might or might not have made a difference.”

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    November 17th, 2006

    Dad and Stepmother Charged with Beating Child to within Inches of Life

    Chandy IndulaA hot tipper sent along a story about two parents who make Brandon Alan Austill, the dad who cattle-prodded his own baby, look like a canonized saint. Terry and Chandy Indula’s 3-year-old daughter is close to death after being tortured by the dad and stepmom for months on end. Authorities in Modesto, California say that there wasn’t an inch of the girl not covered in blisters, and that her body temp when they found her was 79 degrees. The last official word is that the girl may survive, but with permanent brain damage.

    The Indulas - he a real estate broker, she a stay-at-home abuser er, “mother” - have admitted to the abuse. Their other kids have been taken into state custody; some of them show signs of abuse as well.

     

     

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    FOR IMMEDIATE RELEASE
    November 20, 2006
    For Information, Contact Public Affairs
    Thom Mrozek (213) 894-6947

    ORANGE COUNTY MAN SENTENCED TO 25 YEARS IN PRISON FOR PRODUCING SEXUALLY EXPLICIT VIDEOS OF HIS OWN CHILD



    Los Angeles, CA - A resident of La Habra was sentenced today to 25 years in federal prison after pleading guilty to producing child pornography and admitting that he sexually abused his young daughter and distributed videos of the attacks on the Internet.

    Jed Philip Larson Sr., 45, was sentenced by United States District Judge Cormac J. Carney. After completing his prison term, Larson will be on supervised release for the rest of his life.

    Larson pleaded guilty on May 22 to one count of producing child pornography. Larson admitted that he sexually molested his daughter when she was between 4 and 7 years of age, recorded the attacks with a webcam and broadcast still images and videos of the attacks on the Internet.

    Images of the attacks were first discovered by special agents with U.S. Immigration and Customs Enforcement (ICE) in Killeen, Texas while examining a computer seized from Wesley Whitcomb. The investigation revealed that Whitcomb met Larson in an Internet chat room where Larson was webcasting images of a molestation of his daughter. Agents recovered numerous image and movie files of Larson's daughter on Whitcomb's computer.

    Independently, ICE agents in Indiana discovered a computer belonging to Craig Macpherson that contained thousands of still images and movie files of Larson's daughter being sexually abused, molested and exploited. ICE agents recovered more than 11,000 images and movie files of Larson's daughter from Macpherson's computer.

    ICE subsequently identified and located Larson. On September 8, 2005, law enforcement executed a search warrant at Larson's residence, arrested Larson, and rescued Larson's daughter.

    Larson is also being prosecuted by the Orange County District Attorney's Office for the sexual abuse of his daughter. He is scheduled to proceed to trial in Orange County Superior Court on January 26.

    "This sentence is fully merited by defendant's criminal actions, in which he took advantage of his position of power over his daughter to horribly abuse her," said Acting United States Attorney George S. Cardona. "No sentence can make up for the harm this man has caused his own daughter, but the lengthy sentence imposed today will at least ensure that this defendant will never again sexually victimize his daughter or anyone else's child."

    Robert Schoch, Special Agent in Charge of the ICE Office of Investigations in Los Angeles stated: "Today's sentencing is gratifying for two reasons. First, it sends a clear message about the heinous nature of this defendant's actions. But, perhaps more importantly, it reminds us that because of our joint law enforcement efforts, a little girl has been rescued from a horrific situation and given a second chance at childhood."

    Whitcomb is currently serving a 30-year prison sentence for his conviction on child pornography charges.

    Macpherson is serving a prison term of 17 1/2 years in federal prison.

    The federal case is the product of an extensive investigation by ICE. The Federal Bureau of Investigation, the Orange County Sheriff's Department and the Huntington Beach Police Department provided substantial assistance.

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    Father arrested for allegedly burning child

    Published: Jan 9 2008, 1:42 PM · Updated: Jan 10 2008, 3:45 AM
    Category: Local News
    Topic: Incident

    The Humboldt County Sheriff’s Office arrested a Eureka man yesterday while investigating a report of possible child abuse.

    At about 1 p.m. Tuesday, sheriff’s deputies and personnel from Humboldt County Social Services Child Welfare Services and the Humboldt County Department of Public Health responded to a residence in the 5200 block of Vance Avenue in Eureka. They met with a child who had what appeared to be third-degree burns on the his ankle and other, less severe burns on his face.

    The child’s father, David William Bollig, 28, indicated that the child was burned while Bollig was holding him, a news release from the HCSO stated. Bollig had ignited black powder near the child in an effort to discipline him, according to the release. The injuries were approximately five days old and the child had not received medical care from a medical professional.

    Sheriff’s deputies arrested Bollig on suspicion of inflicting unjustifiable pain/mental suffering on a child and failure to provide, the release stated. His bail was set at $50,000 and he was released from custody after posting bail. He is scheduled to be arraigned on Jan. 23.

    The victim and a younger sibling were removed from the home and placed in protective custody pending further investigation, according to the release

    Trial begins in case of alleged child torture

    The Associated Press

    RIVERSIDE, Calif.—Trial has begun for a couple accused of torturing their 11-year-old nephew to death while he was in their care and then enjoying a Christmas dinner with guests.

    Opening statements in the trial began Monday in Riverside County Superior Court. Two juries were empaneled, one for each defendant.

    Raul and Cathy Sarinana, the boy's uncle and aunt, are charged with first-degree murder with a special circumstance of torture in the case. Prosecutors are seeking the death penalty.

    Prosecutors say Ricky Morales died on Christmas Day 2005 after being beaten for failing to eat his breakfast. His body was found in a master bedroom closet and blood evidence was found throughout the home, according to the district attorney's office.

    Prosecutors believe the child lay dead or dying in the closet while the Sarinanas entertained guests at a holiday dinner.

    The body of Ricky's 13-year-old brother Conrad was later found encased in concrete in a trash can in the carport. Investigators believe the older boy was killed in late August 2005 in Randle, Wash., where the Sarinanas lived before moving to California.

    That death was not charged in Riverside County because the alleged crime occurred in Washington. Authorities there have said they plan to pursue charges.

    Raul Sarinana's attorney, Victor Marshall, told jurors that his client admitted injuring his nephew but didn't mean to kill him. He added that Sarinana was under stress because

    his wife had cancer, he had no job and didn't have the money to raise his nephews.

    His wife's attorney, Patrick Rosetti, told jurors that his client was also abused by her husband and should be considered another victim in the case.

    The boys were staying with their aunt and uncle because their mother could not afford to raise them.

    The mother, Rosa Sarinana, testified that she tried to get her sons back but her sister-in-law told her they didn't want to come home.

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