Pomona couple must stand trial on murder charges for 2-year-old daughter's malnutrition death
A judge ruled Wednesday that a Pomona couple must stand trial on murder charges for the May death of their 2-year-old daughter, who prosecutors say died from malnutrition.
Lupe Lopez, 28, and Gabriel Garcia, 27, each face a potential prison sentence of 15 years to life if convicted of the second-degree murder charge.
The ruling by Pomona Superior Court Judge Steven Blades came after more than three hours of testimony at Wednesday's preliminary hearing from a Pomona police detective, the girl's foster mother, and the girl's aunt.
Isabelle Garcia weighed only 19 pounds when she died May 19 at 26 months old. When she about one year old, she weighed 20 pounds, according to testimony from the girl's foster mother.
The prosecution's murder case against the couple appears to consist largely of accusations that the couple was negligent in their care for the girl. The couple failed to take Isabelle to a doctor despite being urged to do so by Gabriel Garcia's sister, prosecutors said.
Isabelle Garcia was placed in foster care only two days after her March 29, 2006 birth, joining her four older siblings who had been taken from their parents' custody because of concerns of neglect and Gabriel Garcia's alleged drug use.
The children's foster mother, Ludivina Ramirez, testified through a Spanish-language interpreter Wednesday that Isabelle Garcia was a healthy baby despite being somewhat thin.
After about 15 months of caring for Isabelle Garcia and the other children, Ramirez said the children were returned to their parents' home at a Holt Avenue mobile-home park.
Neither Ramirez or Isabelle Garcia's aunt, Rufina Garcia, said during their testimony Wednesday that they ever saw Isabelle's parents withhold food from her.
Both said they didn't believe while the girl was alive that the couple was trying to intentionally harm her.
Pomona police detective Jennifer Turpin testified that a coroner ruled about two months after Isabelle Garcia's death that the cause of death was malnutrition.
Turpin also said the girl had bruises and cuts on her body, as well as injuries to her toes. She said both Lopez and Garcia denied intentionally trying to harm the girl when interviewed.
Defense attorneys for Lopez and Garcia argued that there was insufficient evidence for their clients to be "held to answer" on murder charges.
There was no evidence presented at Wednesday's hearing that the couple intentionally withheld food from the girl, or had intent to kill her, the attorneys said.
Garcia's attorney, James Horan, said Garcia should not held responsible for his daughter's death because he had been jailed since May 1 for an unrelated matter when his daughter was found dead.
Reema Khan, Lopez's defense attorney, said after the hearing that she was surprised by Blades's ruling. She said she would file a motion to dismiss the murder charge against Lopez at a future hearing.
Blades said Wednesday afternoon when issuing his ruling that the standard for a criminal defendant to be "held to answer" on charges is easier to meet than the trial standard of guilt beyond a reasonable doubt.
Khan estimated a trial in the couple's case will start in six to seven months. Lopez and Garcia each remain in custody in lieu of $1 million bail.
Someone needs to explain to me how the jailed husband could possibly be held responsible for the neglect of this poor little girl.
If you need someone to tie the noose for the mother I am your man, but how does the incarcerated father get the blame for this?