"Caretaking" dad beats, shakes 2-month-old baby to death (Salt Lake City, Utah)

"Caretaking" father EVERADO MENDOZA has been convicted of fatally shaking his 2-month-old daughter, who suffered brain injuries, a fractured spine, and broken ribs. She also had earlier injuries that show that the baby had been viciously beaten in the weeks before her death. The fatal attack took place while dad was "babysitting" and mom was at work.

http://www.sltrib.com/ci_12811235

For killing infant daughter, father gets up to 15 years
South Salt Lake » Her ribs, legs and an arm also were broken.
By Stephen Hunt
The Salt Lake TribuneSalt Lake Tribune
Updated:07/11/2009 12:01:11 AM MDT

Two-month-old Beatriz Mendoza had a short and "horrifying" life before she was fatally shaken two years ago, according to Deputy Salt Lake County District Attorney Angela Micklos.

Healing injuries -- including fractured ribs and broken bones in both legs and one arm -- show the infant was viscously battered in the weeks before her death. And when she was shaken in November 2007, the girl's fatal brain injuries were accompanied by a fractured spine and more broken ribs.

Micklos argued Friday that 23-year-old Everado Mendoza must be sent to prison for inflicting such violence.

Third District Judge Michele Christiansen agreed, ordering Mendoza to serve up to 15 years behind bars, followed by deportation to Mexico.

Mendoza was charged with first-degree felony murder, but pleaded guilty last month to a lesser second-degree felony count of child abuse homicide. He entered a so-called Alford plea, meaning he did not admit guilt but recognized prosecutors had substantial evidence that could result in a trial conviction.

At a preliminary hearing last year, Mendoza's common-law wife, Viviana Varela, testified that her daughter seemed fine when she left for work the morning of Nov. 18, 2007.

Eight hours later, Varela said, she got a frantic call from Mendoza, who said the baby had thrown up her arms, kicked out her legs and was having trouble breathing.

Varela, a certified nursing assistant, rushed back to the South Salt Lake motel where they were living -- beating paramedics to the door -- and started CPR on the child.

Doctors at Primary Children's Medical Center later identified head trauma consistent with violent shaking. Five days after being taken to the hospital, the child was taken off life support.
Mendoza was charged because he was the only adult in the home on the day the infant stopped breathing.

But defense attorney Jason Poppleton suggested to the court that Mendoza was not solely responsible, and that Varela must have known of the infant's older, healing injuries.

"Obviously, the baby was not fine [the morning of Nov. 18, 2007]," he told the judge.
Micklos said the woman has since left Utah fearing retaliation from Mendoza, who also was charged with three counts of third-degree felony child endangerment because glass pipes and methamphetamine were found within reach of Varela's three other children, ages 1, 5 and 7. Those charges were dismissed as part of the plea deal.

Varela said Mendoza is the father of the baby who died and the 1-year-old. The two older children are hers from a previous relationship, she said.