Thursday, April 28, 2011

Higher charge given to babysitting dad in infant's death (Cedar City, Utah)

Dad ANDY ROY GORECKI is now charged with homicide.

Higher charge given to father in infant's deathNur Kausar • nkausar@thespectrum.com • Published: April 28. 2011 4:55AM - Last modified: April 28. 2011 6:49AM

 CEDAR CITY - The father of an infant who died September 2010 from serious head injuries could face 15 years to life in prison for a first-degree felony child abuse homicide charge.

Police originally charged Andy Roy Gorecki, 26, of Cedar City, with aggravated assault in December 2009 when his infant son, then nearly 3 months old, was revived in the hospital and put on life support.

The infant was taken off life support, Sept. 29, 2010, said Cedar City Police Det. Mike Bleak on the stand in 5th District Court Wednesday, and a subsequent autopsy report showed cause of death to be "complications from a head injury" and the manner of death was listed as homicide.

Gorecki had already been through one preliminary hearing for the original charge last year, and Bleak, along with the infant's grandmother Pearlene Aguilera took the stand once again.

Aguilera reiterated the events of that day in December 2009, taking the baby to the hospital after Gorecki found him foaming at the nose, not breathing and pale.

"I was screaming, 'Lord bring him back, take me but bring him back,'" Aguilera cried on the stand. "I thought he was dead ... he was just limp."

The infant, who was one of twins, was transported to Primary Children's Medical Center in Salt Lake City and then to a long-term care facility until he was taken off life support.

Bleak said Gorecki gave four differing stories during interviews: not knowing what could have caused the injury, the infant being hit by a toy thrown by another child, getting bumped in his bassinet and being dropped accidentally by Gorecki.

The father had been watching five children for a few hours that day while his wife, Jessica Gorecki, was at a court hearing and his mother-in-law was helping a friend, Aguilera said.

Gorecki's attorney Jack Burns argued the date of the incident for which Gorecki is charged, and the date of the death by pulling the baby off life support, did not match.

Burns further said a lesser charge of aggravated assault would be more appropriate in the case.

Iron County Attorney Scott Garrett said the autopsy report showed the cause of the injury and death to be homicide, therefore, would stay with the current charge.

Judge John Walton said he found sufficient evidence with the autopsy report and scheduled an arraignment for May 17 at 1:30 p.m. Gorecki remains in the Iron County Jail.