State had prohibited unsupervised contact with the toddler

June 20, 2008 - 9:19AM
By JARED TAYLOR and RYAN HOLEYWELL/The Monitor

McALLEN -- A 2-year-old boy who police say was killed by his mother was not supposed to be left alone with her, and state officials are unable to explain why that happened.

Police say 30-year-old Mexican national Maria Almaguer kicked her son Isaias in the stomach early Saturday, fatally injuring the toddler. Her mother and a babysitter corroborated her statement to police that she had been alone with Isaias in the hours before his death, according to the probable cause affidavit in her case.

Almaguer showed little emotion Thursday morning as Judge Charlie Ochoa charged her with capital murder in McAllen Municipal Court. She is being held on a $1 million bond.

An autopsy performed Monday revealed that Isaias was kicked in the small intestine, causing an internal laceration and fatal internal bleeding. The injury occurred about eight hours before he died, which is when Almaguer was taking care of the child by herself, according to affidavit.

She had given birth to the boy while she was incarcerated, police said. But after her release, her youngest son seems to have continued living in a prison of his own.

UNCLEAR ANSWERS

A string of hospital visits by Isaias led state authorities to investigate Almaguer and prohibit her from visiting her children without supervision, but she defied the state's instructions.

Less than two weeks ago, Almaguer signed a "safety plan agreement" with the state allowing her to visit her children only under supervision.

John Lennan, a spokesman for the Texas Department of Family and Protective Services, was unable to explain why Almaguer was left alone with Isaias despite the agreement.

He also characterized Almaguer's accord with the state as more of a promise than a legally binding document. He said he did not know who was supposed to supervise Almaguer's visits with Isaias, though the supervisors of such visits often are family members of those who have committed child abuse or neglect.

"A lot of times, the family members feel more comfortable working with their family members than an outside party," Lennan said.

Almaguer's case is under review, he said, "to see if there were things we did right or things that we could do better, to see if there is something that could have been done differently."

Lennan was unable to answer why that state had chosen the safety plan agreement as its mechanism for handling Isaias' case instead of more drastic action, given Isaias' history.

The boy had been hospitalized in January with a fractured skull, ostensibly because he fell off a countertop while left unattended, Lennan said. That injury prompted a state investigation.

In April, Isaias was hospitalized with another head injury, Lennan said, explaining he was unfamiliar with the circumstances. On June 5, the boy was hospitalized yet again, this time with a dislocated elbow.

Despite the earlier investigations, Almaguer was still allowed to see her youngest son after that trip to the hospital - one that would not be his last.

CONFLICTING STORIES

Court records released after Thursday's arraignment reveal that Almaguer was left alone with Isaias late June 13.

Later that night, about 2 a.m. Saturday, police responded to a report of a child - later identified as Isaias - who was not breathing near the corner of West Hackberry Avenue and North 10th Street, according to the probable cause affidavit in the case.

An ambulance took Isaias to McAllen Medical Center, where he was pronounced dead by Justice of the Peace Milo Ochoa.

About the time her youngest son died, Almaguer told police Isaias was being taken care of by her mother, Adalbertha Hernandez, and the child's babysitter. Almaguer said Isaias was breathing very faintly and feeling ill, according to police.

But in a sworn statement she later gave to investigators, Almaguer's story changed.

While under oath, Almaguer said she was alone with Isaias for about an hour - despite her signed agreement to not be alone with the child - when her babysitter took the rest of her children to a park, according to court records. Almaguer told police that during that time, Isaias vomited and complained of pain.

The toddler's babysitter, who was first hired June 10, told police she was instructed to take care of Almaguer's four other children but not Isaias and that she had taken the other children to a park while Almaguer took care of the boy the night of June 13 - just hours before his death.

That account of events, along with the sworn statement from Almaguer, conflicted with her initial report to police, according to the probable cause affidavit.

Officers arrested Almaguer on suspicion of murdering her son after autopsy results showed Isaias died from severe trauma to his abdomen.

The toddler was just a week away from his second birthday.

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Emphasis added by H4K Editor