Dad GERARDO ESPINOSA has been found guilty of child abuse causing substantial bodily harm for permanent brain injuries and disabilities inflicted on his infant daughter, who was only 11 weeks old. The child will require lifelong care as a result. Once again, we have a working mom and "caretaking" (unemployed/unemployable) father who just couldn't stand to have his video game interrupted by a crying baby.
http://m.rgj.com/news.jsp?key=353783&rc=ne&p=1
Washoe jury convicts father of child abuse in 20 minutes
By Jaclyn O'Malley jomalley@rgj.com
July 09, 2010 20:24 PM
Jurors needed just 20 minutes Thursday morning to find a 19-year-old man guilty of violently shaking his 11-week-old daughter, causing permanent brain, vision and hearing impairments to the girl.
Gerardo Espinosa faces a minimum of probation and maximum of 20 years in prison at sentencing Aug. 25 on the count of child abuse causing substantial bodily harm.
Chief Deputy District Attorney Dan Greco said the verdict was one of the swiftest he's seen.
Greco said that on Oct. 29, Espinosa was watching his daughter, Areli Rubi, while his 20-year-old wife and her mother were at work. Areli's crying frustrated Espinosa, whose video game playing was being disrupted. Unable to comfort the girl, Espinosa shook the infant whose brain slammed back and forth against her skull, causing near fatal injuries, Greco said.
Espinosa drove his daughter to Renown Regional Medical Center after she stopped breathing and went limp. He told investigators she became "disabled" because her head became loose, and her body went limp. Next, he said he fell while carrying the baby, who then accidentally struck the back of her head on a wooden entertainment system.
Greco said medical personnel had said that if he had waited any longer to get medical treatment, Areli would have died.
Greco said Espinosa's explanation of the injuries did not support the medical evidence.
Doctors testified that Areli has significant and permanent brain injuries that will cause her to be monitored the rest of her life by medical personnel. They concluded that her injuries were the result of shaking and/or inflicted traumatic head trauma.
Areli has significant vision and hearing loss, and her motor skills are impaired, doctors said. She has no reaction to faces, voices or objects. She is reliant on a feeding tube. Doctors testified that Areli's condition will never improve.
Espinosa's public defender, R. Bruce Lindsay told jurors that if the girl hadn't struck her head on the entertainment system, "we wouldn't be here." He said the shaking was not enough to cause the brain injuries.
"One minute she was a happy and healthy baby, and the next she is a brain damaged victim inside a shell of a body," Greco told jurors. " all because the defendant was angry because she was crying louder than before and interrupting his video game playing.
He took out his anger on a helpless, fragile girl."
Espinosa is an illegal immigrant from Mexico who authorities said snuck into the country five years ago. At the time his daughter was injured, he was unemployed. Greco said his job was to care for his daughter. Immigration and Customs Enforcement officials have placed a hold on Espinosa.
Trial began Tuesday before Washoe District Judge Patrick Flanagan. Espinosa declined to testify.