Dad pleads guilty to 2nd-degree murder in death of 2-month-old son (Sanger, California)

Dad JOSE LUIS SANTOYO has pleaded guilty to 2nd-degree murder in the death of his 2-month-old son. By pleading guilty, Santoyo avoids a jury trial and a possible 10 extra years in prison.

http://www.fresnobee.com/2010/07/06/1996888/sanger-father-sentenced-for-babys.html

Sanger man sentenced in son's death
Posted at 12:32 PM on Tuesday, Jul. 06, 2010
By Pablo Lopez / The Fresno Bee Share

A Sanger man pleaded guilty Friday in Fresno County Superior Court to second-degree murder for killing his 2-month-old son in January 2008.

Jose Luis Santoyo, 22, admitted guilt because he would have faced 25 years to life in prison if convicted at trial, said attorney Kimberly Hall, who represents Santoyo. According to the plea agreement, he will be sentenced 15 years to life in prison.

Hall said she nearly cried when Santoyo announced his plea because he has no criminal record, loved his son and would never intentionally harm the child. But prosecutor Robert Mangano said the baby's death was "a classic shaken-baby syndrome case" with major head injuries.

A shackled Jose Luis Santoyo, 22, stood silently as Judge Denise Whitehead announced the sentence in Fresno County Superior Court.

His older brother, George Santoyo, told the judge his brother would never hurt his son. "He's in custody for something he didn't do," he said.

George Santoyo then directed his words toward his brother.

"I'm sorry I couldn't take care of you," he said as he fought back tears. "I love you, brother."

A tearful Jose Santoyo replied: "I love you, too."

In June, Jose Santoyo pleaded guilty to second-degree murder in connection with the death of his son, Jimmy, to avoid a much longer sentence, said his attorney, Kimberly Hall.

Hall said her client had no criminal record and loved his son. "I'm not quite sure what happened that day, but I will never believe he intended to kill the baby," Hall said.

Prosecutor Robert Mangano, however, said outside court that the baby's death was a classic "shaken-baby [syndrome] case" with major head injuries.

Sanger police officers went to Santoyo's apartment on the 1600 block of James Street on Jan. 10, 2008, after he called 911 to report his son was not breathing.

The baby ended up at Children's Hospital Central California in southern Madera County, where he was put on life support.

Hall said the baby's mother made the decision to take the child off life support. The baby then starved for 11 days before dying on Jan. 24, she said.

"It's a horrible tragedy," Hall said.

Mangano, a deputy district attorney, said the evidence shows Santoyo killed his son because he was the only person in the home when the child suffered a skull fracture and other head injuries.

But Hall said Santoyo picked up his son from his in-laws and took him home. When the baby became unresponsive, he shook the child because he didn't know CPR, Hall said. An ambulance took the baby to the hospital, but it got into a wreck on the way, Hall said. Another ambulance then took the baby to Community Regional Medical Center in Fresno.

Though staff took care of him, it took them about 10 hours to transport the child to the better-equipped children's hospital, she said.

According to Hall, an expert said the baby's injuries are consistent with his head getting slammed into a wall. But none of the baby's blood, hair or skin was found inside Santoyo's home, she said.

Police should have looked for evidence inside the in-laws home, Hall said.

Read more: http://www.fresnobee.com/2010/07/06/1996888/sanger-father-sentenced-for-babys.html#ixzz0t0uBMuTF