The arguments of Jessica Nicole B. and Ever Antonio MR’s defense regarding the illness that would have led to the death of their one-year-old son and that Jessica had nothing to do with the death because she was working were not sufficient for the Control Judge, who linked them to the process.
Both were initially charged with qualified and aggravated homicide, but during the justification and reading of the resolution of linkage to the process, the decision-maker removed the qualification, as it was not specified which section was requested by the Public Prosecutor of the District Attorney’s Office of the Northern Zone. In addition, Jessica’s degree of participation was changed, who entered into the assumption of commission by omission for allegedly not taking care of what was her responsibility: her son; while Ever was linked as the probable material author of the murder of the infant. According to the formulation of the charge, between 11:00 p.m. on August 13 of this year and 11:00 a.m. on the 14th, the child was attacked with a blunt object or by rapid movements that ultimately caused his death by subdural hematoma following a blow to the head, a result of battered child syndrome. According to the medical examiner in charge of the autopsy, the baby had a swelling on one part of his head consistent with the subdural hematoma, traces of blood between the brain and the outer layer of the head, as well as bruises on other parts of the body. The time of death (chrono-anatomy) was estimated between six and 14 hours from the time of the autopsy, which was at 5:40 p.m. on August 14, so the accident that caused his death would have been at 11:40 a.m. Additional information from the Prosecutor’s Office indicates that the death was reported on August 14 at around 1:30 p.m., after Ever Antonio reported to his family that his baby was drowning. Upon hearing the call, the man’s stepfather rushed to help him and upon arriving at the house where the child was, he took him and took him to a private doctor’s office attached to a pharmacy, where they tried to revive him for about half an hour, without success. The child’s body was left lying on the examination table in the office, and bruises were observed on different parts of the body, which in the autopsy report were indicated as a sign of abuse or a possible blood disease. The latter was used by the defense to try to free both of the accusation of homicide, but it was not scientifically proven at this stage of the process. While the judge read the background information of the investigation that proved the commission of a possible crime and the alleged participation of the two accused in it, two people were standing behind the detainees: Ever’s grandmother and, to one side, Jessica’s cousin, who were grinding their teeth and shaking their heads, in disagreement with the judge’s decisions. The couple will remain in the Social Reinsertion Centers for women and men respectively, while their oldest daughter, three years old, will remain in the custody of Jessica’s mother. Four months were given for the complementary investigation, based on the request of the Public Ministry to collect genetic information and more statements.
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