No charges filed against man who confessed to punching 14-month-old baby to death

Being a father of 2 and both my girls having colic as infants I can totally relate to this guys frustration level. But harming the child does absolutely nothing to help the situation. What a piece of crap this guy is. If he went to prison no doubt he would have been shanked if they found out about his crimes.

How I handled my girls crying was headphones in my ears and my shooting ear muffs over them. There is literally nothing you can do for a baby with colic. Other than let them cry it out and hopefully pass out.

a reply to: AugustusMasonicus

Good question--in this case, I don't see how, but in general, while a confession is the strongest proof known to the law, there still is sometimes doubt on behalf of a prosecutor or a judge as to the truth of the confession.

Again, I'm not saying that this applies to this case, I'm just answering your question in general.

I would hope that I would have more constraint, and I tell myself that I would every time that I read a story like this, but I'm uncertain that, if that were my child, the guy who punched my child would be breathing by the time the officers wanted to question him.

originally posted by: SlapMonkey
Good question--in this case, I don't see how, but in general, while a confession is the strongest proof known to the law, there still is sometimes doubt on behalf of a prosecutor or a judge as to the truth of the confession.

That is the only thing I could think of myself. However if it was recorded they should have at least gone for a lesser charge and put him away for whatever the maximum was for that particular offense.

originally posted by: Xcathdra
a reply to: loam

The no charge is based on lack of evidence linking his punching the child and the death of the child. If an medical examiner cannot find external injuries that would support the theory his punch is why the child died it cant go to trial. The PA would not be able to argue his guilt beyond a reasonable doubt.

He confessed to punching the child. He did not confess to killing the child.

Crappy I know but thats how it works.

Good explanation. Plus, confessing to punch the child doesn't mean anything if there's no evidential connection between a punch and the injuries that led to the child's death, and it doesn't note whether or not the confession of punching the child happened pre- or post-Maranda warning, which does matter.

Asshat's case should still be sent to a grand jury, though, just on principle. Let the people decide if there is enough evidence, because like the story notes, there may still be more evidence out there that could push it beyond a reasonable doubt.

a reply to: AugustusMasonicus

I agree...like I say in my comment above this one, it should have at least been sent to a grand jury.

Now to question if the prosecutor has any link to this guy's family or something...it sounds way too much like someone giving personal favors out from a position of power.

Can't help but put the tin-foil hat on for an outcome like this. Detectives weren't even asked for any more evidence? Come on, DA...that's pathetic.

originally posted by: SlapMonkey
Detectives weren't even asked for any more evidence? Come on, DA...that's pathetic.

Yeah, someone seems to have dropped the ball on this big time.

Is this bloke somehow connected?

I can't imagine any other reason for this filth to still be walking the streets.

a reply to: SlapMonkey

I would hope that I would have more constraint, and I tell myself that I would every time that I read a story like this, but I'm uncertain that, if that were my child, the guy who punched my child would be breathing by the time the officers wanted to question him.

As a mother, I would expect I would NOT have the restraint. The guy would be lucky to drag his ass out the door with his injuries. Mothers do not brook baby-assault without turning into enraged creatures of unnatural strength and passion. "Mama-bear"......"Mother Elephant"...."Mother Primate." All the same thing.

I really wish I didn't read this......god I wish it weren't true....i am not very strong with this stuff, I know this is something that will bother me for the rest of my life.

That person needs to just kill himself if our pathetic system won't take care of it. Meanwhile there is a harmless person being raided by a swat team for growing medical cannabis. Glad to see our justice system has its priorities straight.

a reply to: BuzzyWigs

Yeah, but having worked in the legal field for half of the last two decades, I have been allowed the opportunity to understand what I should and shouldn't do, especially as a parent and husband (I've seen good people separated from their families by bars because of emotionally charged reactions).

I would hope that I wouldn't add pain to my family by also ending up in jail.

a reply to: SlapMonkey

I get what you mean. Like I said, not sure I could restrain myself if it was my own baby.

a reply to: BuzzyWigs

To be honest, I'm not sure if I could restrain myself if I was present when this happened to anyone's baby. I have some engrained need to help defend those who cannot defend themselves. It's a burden and a curse, ya know?

We'll team up and kick this guy's ass together...

a reply to: loam

Simple way to end this, he punched a helpless baby to death he should be tied down or drugged and have the girlfriend and her family punch him to death, seems fair to me.

a reply to: SlapMonkey

Okay. Glad you understood that I'm talking about restraining from attacking the assailant.


Yeah - I'm a fierce one for parenting education.....and there are some people who should NOT BE PARENTS.
Termination and separation should only happen when all other avenues of support and help have been tried. That's a given.
But sometimes termination of parental rights is THE BEST THING.

what the hell....

i hope someone takes care of this........

originally posted by: BuzzyWigs
a reply to: SlapMonkey

Okay. Glad you understood that I'm talking about restraining from attacking the assailant.

I would never assume the other meaning--and it never even occurred to me to think that way.

Ok, so he confessed to murder and isn't being charged? Did I wake up in bizarro world or something? Seriously? If I was that child's father, Mr. Espinoza would be having a closed casket funeral. As I'm confident I would go straight Negan on his ass. The man murdered a defenseless toddler. What is this world coming to? People are in prison for smoking a plant with medicinal uses, but this scumbag is free to go about his life. I give up on 2016. Wake me up when the world makes sense again.

a reply to: Xcathdra

On the flip side if he is charged and the state fails to secure a conviction he cant be charged again. If at some point new medical evidence does link him then they can file. Why risk a jeopardy attachment on a case you cant prove?

100% correct, there are cases like this that some how fall
thru gaps in the legal system. And the attorneys know their job.
They won't put someone on trial, lose and never be able to
try him again. But I see no reason to be upset. Everyone in
the world knows what the guy did. I think this guy is done
even with out the guilty verdict and sentencing. Be a great
subject for a twilight zone episode.

I'm wondering if I'm the only one who thinks the babysitting girlfriend is at least somewhat culpable in this?? This guy (apparently) has a history of violent behavior...and that stupid (probably emotionally & physically abused) woman let the guy into the house. Somehow I'm seeing her as an accessory to the murder of this poor, helpless infant.

They both need to be locked up and the key thrown away...

originally posted by: havok
Only in California.

amirite?

No, you're not.