Article published Dec 6, 2008
Couple charged in South Bend tot’s death
By PABLO ROS Tribune Staff Writer SOUTH BEND
-- A South Bend couple has been criminally charged in the death this week of a child whom authorities say had been physically abused most of her life. The toddler's mother, Kristina Byers-Escobedo, 30, was charged Friday with one count of neglect of a dependent, a class B felony. The child's father, 24-year-old Valentin Escobedo Jr., was charged with that and one count of battery resulting in the death of a child less than 14 years of age, a class A felony punishable by up to 50 years in prison. Maya Escobedo, who was 2 years old, died Wednesday of a severe head injury. Doctors at a local hospital pronounced her brain dead but kept her on life support so her organs could be donated. Escobedo and Byers-Escobedo lived with their 2- and 5-year-old children in the 3100 block of Voor Lane. They took Maya to a local hospital Tuesday after Byers-Escobedo, the mother, noticed swelling on the side of her head. Byers-Escobedo told police her daughter had been in the care of her husband while she was out at the movies with friends. Escobedo told police he was at home and had put Maya to sleep when he went into the child's bedroom to check on her and noticed that she had vomited. But doctors who examined Maya found she had suffered a back-to-front fracture of her skull, as well as three rib fractures, scrapes to her face and chin, and that she showed "numerous" bruises on her body, court documents say. Medical personnel also noted scrapes to her chin area and bruising on her buttocks, vaginal area, spine, legs and hips, according to court documents. One doctor who examined Maya told police the injuries to her skull could only have been caused by a high-speed auto accident, a fall from a great height or purposefully by an individual much older than her. Another doctor told police Maya's injuries could only have been the result of physical abuse. Yet this reportedly wasn't the first time Maya had been physically abused. According to police, Maya was taken to a hospital in December 2006, the year of her birth, because of difficulty breathing and was found to have a broken clavicle, broken ribs and a dislocated elbow, all in various stages of healing. But no one was criminally charged. Because Maya had been in the care of "multiple" people during that time, "authorities were unable to determine whether or not the parents had caused these injuries," court documents say. The Department of Child Services then placed Maya in the care of out-of-town relatives who had had no contact with her, while her parents participated in counseling and supervised visitation, court documents say. Escobedo was given a Polygraph test, and later Byers-Escobedo was told that her husband had been deceptive when questioned about Maya's injuries. DCS later obtained a protective order against Escobedo. But Maya was returned to her parents early this year and an investigation was closed in June after a psychiatrist advised DCS to return the child to her parents, and after Escobedo and Byers-Escobedo successfully completed family therapy and home-related services, court documents say. Escobedo, who authorities say is an illegal immigrant, is being held at the St. Joseph County Jail on $100,000 bond because he is considered a flight risk. Byers-Escobedo had not yet been booked into the jail as of late Friday afternoon, according to a booking officer, but a warrant had been issued for her arrest. The couple's 5-year-old son is reportedly in the custody of DCS. According to court documents, neither parent had ever been charged with a felony in St. Joseph County. Escobedo and Byers-Escobedo are scheduled for arraignment at 1 p.m. Monday in St. Joseph Superior Court.
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