Garcia_Paper

The case came about when Dr. German performed an autopsy on Anthony Garcia Jr, a three week old infant who had passed away on July 16th. As a result of Dr German’s autopsy, he had discovered that the baby’s cranial cavity had received some type of trauma. This trauma caused bleeding into the cranial cavity, and that caused the baby’s demise. The cranial cavity is the space formed inside the skull. The brain occupies the cranial cavity (Wikipedia). At this point Dr. German requested that the Police Department conduct an investigation into the circumstances surrounding the demise of the infant. The case was taken on by Investigator Bradford of the Syracuse New York Police Department. Upon his review of the case he learned that the infant’s parents were Mr. Anthony Sr. Garcia and Mrs. Pamela Boston and they resided at 1706 Line St. The victim had been transported from that address by paramedics after the baby had apparently stopped breathing however was successfully resuscitated and taken to St. Peters Hospital. Later the infant was transported to General Hospital when his condition worsened, and shortly later on July 16th, the infant died and was transported to the medical examiner’s office. While at the medical examiner’s office, investigator Bradford spoke briefly with Dr. German and was informed that the victim had bleeding on both sides of his head caused by some sort of trauma. He explained that he would preserve the infant’s brain so that a neurologist could examine it at a later time and determine the exact cause for the bleeding. He did however explain that he was quite certain the infant had been injured, possibly by being shaken or from blunt trauma to the head. Dr. German further found evidence of some bruises to the victim’s jaw and neck, very faint but bruises. This information led Dr. German as well as investigator Bradford to believe this incident could be a homicide. Investigator Bradford then interviewed Ms. Debbie Marty and her roommate Paul Wilton. These two individuals were neighbors of the infants parents and were accompanied by Mrs. Boston on the 16th of July with her infant. Mrs. Debbie Marty explained that while Mrs. Boston and her infant child were in her apartment, she held the baby, fed the baby, and changed the baby’s diapers. She denied ever seeing any bruise at the time on the infant. Mrs. Marty was the one who performed CPR on the infant when Mr. Garcia and Mrs. Boston brought the infant downstairs at midnight when it was having trouble breathing. I would like to point out that Mrs. Marty explained when she started CPR on the infant; she did notice the bruise on the infant’s neck which had not been there when she last saw the infant, some seven hours earlier. This means that the bruise was noticeable enough to see and she was confused because it was not there earlier. She also pointed out that there was a thin streak of blood in mucus she removed from the baby’s mouth when she started mouth to mouth resuscitation. How did the baby get a thin streak of blood in his mouth if he was only being cradled and put to sleep by Mr. Garcia' Next Investigator Bradford interviewed Mrs. Boston, the infant’s mother. She explained her night to Bradford claiming that at around 11:00 PMthe baby was fussing. She started to get up to get the baby when Tony (Anthony Garcia Sr) came in and told her to go to sleep and he would take care of the baby. Tony took the baby out of the room and she fell asleep. The next thing she remembered was Tony waking her up stating the baby wasn’t breathing right. She took the baby from Tony and after seeing the irregular breathing, ran downstairs with the baby and Tony to the neighbor’s apartment. I would like to point out that while in Mrs. Marty’s apartment, Mrs. Boston noticed the bruise on the baby’s neck and had no idea of where that had come from and confirmed it had not been there earlier. This shows that somewhere in-between Mrs. Boston putting the baby in its crib at 11:00, and then receiving the baby from Mr. Garcia at 12:00 when it could no longer breathe, the infant had received this bruise on his neck. Mr. Garcia would be interviewed next. Mr. Garcia explained his side of the story claiming he heard the baby around 11:30 PM and went into the bedroom and told Boston to go back to sleep. He said he took the baby into the kitchen and changed its diaper. He then tried feeding it some formula, but the infant refused. Garcia next claimed he walked the baby around in the living room for about fifteen minutes until he felt that the baby had fallen asleep. Once he noticed that, he brought the baby into the kitchen where there was light, and realized the infants face was blue. He said he immediately woke up Pamela and told her about the breathing. During the interview, Investigator Bradford confirmed that Mr. Garcia was nervous and upset at this time but did not feel remorseful. However, he did not cry until Bradford asked him if he had accidently or unintentionally hurt the baby in some way. I would like to point out that Bradford confirmed that when he was asked this, he hung his head, and appeared to have tears in his eyes. At this time, he denied ever shaking the baby, of dropping the baby, striking the baby, or anything that might have hurt the baby’s head. He also said that the nurses at the hospital had shown him how to hold the baby and to support the head and neck at all times and since the baby has left the hospital, he has always done this and never shaken the baby or bounced the baby. Garcia had no explanation of the bruises on the baby. I would like to point out that Garcia admitted to having a violent temper and that in the past it has gotten him sent to jail and in trouble. Upon Garcia’s repeated denial of knowing what may have caused head injuries to the infant, he was asked to take a polygraph test which he declined. After speaking further with Garcia and indicating the polygraph test would clear him of any suspicion, he stated that he wanted to speak to his girlfriend Pamela Boston. I would like to point out that if Garcia had taken this polygraph test and was in fact telling the truth, he would no longer be in suspicion of hurting the infant. The next day, Bradford received information that neither Boston nor Garcia would take the polygraph exam per advice from their attorney. Investigator Bradford then visited Dr. John Anders, a pediatrician at General Hospital where the infant was transferred. Dr. Anders explained that the infant showed no brain activity and his breathing and heart eats were failing. He described a small bruise on the infant’s neck, origin of cause unknown to him. When Investigator Bradford pursued the case and went to interview Mr. Garcia, upon arrival, he found him at home with Mrs. Karen Zero who is Mrs. Boston’s mother. There Investigator Bradford found very valuable information. Ms. Zero had told him about an incident at Mrs. Zero’s trailer where she had caught Tony shaking the baby over his head without any support of the baby’s head or neck. Mrs. Boston said Mrs. Zero had told her about the incident and she had also cautioned Tony not to shake the baby without any support and not to shake the baby at all because it could hurt the baby. I believe that every parent is aware that babies are extremely fragile and that shaking a baby or not supporting the baby’s head can cause long term serious brain damage, or even kill the baby. Why would Antonio do this to the infant if it could hurt him' Mrs. Boston was also reinterviewed regarding the incident in the trailer. Ms. Boston stated that her Mother Ms. Zero had told her about “Tony’s mishandling” of the infant and that her mother had told her that she had explained to Tony how to handle the baby and the result or possible results of mishandling the baby, being head and neck injuries as well as brain injury and possible death. Ms. Boston also stated that on one occasion Tony had lifted the baby out of the crib without supporting the baby’s neck. She again corrected him in the proper placement of his hands to support the infants head, neck, and back. This proves that not only was Tony caught mishandling the baby twice, he was warned by Mrs. Zero as well as Mrs. Boston of the serious consequences of mishandling the infant. I would also like to point out that Mr. Garcia had previously denied ever shaking the baby to Investigator Bradford in which he signed a sworn statement. Upon Investigator Bradford finding out this information, he deemed it necessary to interview Mr. Garcia again. While in the middle of this interview, Mr. Garcia requested that his lawyer be present. An attempt was made to contact Garcia’s lawyer, Ms. Kaplan however, she denied knowing or ever speaking to Mr. Garcia. At this time Bradford informed Garcia that he was under arrest for murder in the second degree. At this time Mr. Garcia then made several remarks about how the baby accidently hit his head on the table when he was getting changed, that Mrs. Zero had indeed warned him against shaking the baby and not supporting the baby’s neck and head while in her trailer one week before the baby went into respiratory arrest. This evidence shows that not only did Garcia lie about the baby never hitting his head, which he did, but he also lied about shaking the baby. The fact that he confirmed Mrs. Zero warning him against shaking the baby and not supporting the baby’s neck proves that he was in fact doing both of these things which could cause serious brain damage to the baby, and even kill the infant. Further results from the autopsy showed that the baby had died as a result of being shaken violently. The cause of the infant’s death was now known for certain. Someone had shaken this baby.Bradford interviewed Garcia again and when asked if he ever struck the baby or ever shook the baby he denied it. When asked if Mrs. Zero had ever admonished him for holding the baby wrong or shaking the baby, he denied it, and continued to deny that he ever shook the baby. Garcia was then advised that he would be charged with Murder in the Second Degree. He became visibly upset and crying, and then stated it could have been an accident. Garcia then stated that he did once shake the baby and only once. He then said that Mrs. Zero had once seen him shaking the baby and told him to stop. Garcia asked how much time he would get and if he would go to prison. At this time all interviewing was concluded and Garcia was taken to booking and charged with Murder in the second degree. Murder in the second degree in the State of New York applies to Garcia in that, “On or about the 15th day of July, at the City of Syracuse, being eighteen years old or more, specifically, nineteen years old, under circumstances evincing a depraved indifference to human life recklessly engaged in conduct which created a grave risk of serious physical injury or death” to Antonio Domingo Garcia, Jr., who was less than eleven years old, and thereby caused the death of this three week old infant child”. After doing some research on the effects of shaking a baby, I learned “When someone forcefully shakes a baby, the child's head rotates about the neck uncontrollably because infants' neck muscles aren't well developed and provide little support for their heads. This violent movement pitches the infant's brain back and forth within the skull, sometimes rupturing blood vessels and nerves throughout the brain and tearing the brain tissue. The brain may strike the inside of the skull, causing bruising and bleeding to the brain” (Kids Health, p. 1). Anthony Garcia Jr. died due to this exact problem. He started bleeding into his brain due to being shaken. Mr. Garcia is guilty of murder in the second degree because he “depraved indifference to human life recklessly and engaged in conduct which created a grave risk of serious physical injury or death. It is a known fact that by shaking a baby, you are harming it. Although Garcia claimed many times that he never shook the baby, and never hurt it, on other occasions he gave different answers. He admitted to shaking the baby in his mother-in-law’s trailer which is clear evidence that it created a grave risk of serious physical injury. Mrs. Boston also claimed that he tried to pick the infant up out of his crib without supporting his neck. While to Garcia, this may have just been a form of him not knowing how to hold a baby, what he should’ve realized was that every time he was not supporting the baby’s neck, or shaking the baby, he was increasing the grave risk of physical injury and death to Antonio Domingo Garcia, Jr. It was reported that the baby was bleeding on both sides of its head which Dr. German confirmed had to be caused by some sort of trauma to the infants head. Also, the baby was only in the possession of Mr. Garcia, and no one had noticed a bruise on the baby’s neck prior to him having the baby by himself. This could have been done as a result of him shaking the baby or holding the baby by his neck and shaking him. Why did Garcia not start crying while being interviewed until he was asked if he had accidently or unintentionally hurt the baby' He appeared to hang his head and began to have tears in his eyes. Was he coming to the realization that he may have put his baby at risk of dying' Also, I question Mr. Garcia’s initiative as a parent to realize how dangerous it is to shake a baby. It is stated that Mr. Garcia went to school for 8 years. The nurse taught him how to hold the baby correctly; however he still managed to pick up the baby without supporting its neck and head. Garcia had denied knowing how the bruise formed on his son’s neck, however he also denied that he ever shook the baby or that the baby accidently could have hit his head which he admitted to later in an interview with investigator Bradford. Why was he lying throughout all of his interviews and giving different information. If he was innocent couldn’t he just stick to one story and be honest' There are some unfavorable facts that hurt my argument that Mr. Garcia is guilty of second degree murder. One fact that hurts my argument is that there was no eye-witness at the time of the baby not being able to breathe. Also, Mr. Garcia has signed sworn statements saying that the baby stopped breathing on its own, and he in to way hurt the baby, or injured the baby. Other facts that hurt my case is the fact that Garcia is young and people might feel that he was not properly educated on how to take care of a baby. Since he is only 19 years old and this is his first time ever raising a kid, people might feel that he didn’t realize he was doing anything wrong. These are the facts that are unfavorable to my case. There are also many arguments that the opposition could come up with as to why Anthony Garcia Sr. is innocent. The biggest factor I believe the defense attorney holds over my case is that there was no eye-witness at the scene of the crime. There is no witness to say that he saw him do it, or a witness to say he did something wrong. In fact, there is the opposite of this because even though Paulo Garcia was not at the residence when the baby stopped breathing, he was with Anthony Garcia a very short time before the baby stopped breathing. According to Paulo, Anthony was doing nothing wrong and the baby seemed perfectly fine. Paulo said “when he arrived he saw Antonio holding the baby in his arms, cradled. He denied the baby crying or of suffering to any injury in his presence and that Antonio was simply holding the baby.” Even though this is a big factor, my case will be extremely hard to prove because I have to convince the jury that he committed this crime, beyond reasonable doubt. That is extremely hard to do considering that Anthony claims he is innocent, and that he claims the baby stopped breathing on its own while he was cradling him, holding him correctly. Also regarding the mark on the infant’s neck, the fire department said it probably got there when he was gasping for air. This hurts my argument because if that is true, that it is possible that Garcia had nothing to do with the mark. Mr. Garcia was adamant that he had no idea how the baby could have suffered a head injury which makes it harder to believe that he committed the crime. I have my own two possible legal theories as to what occurred. One of these theories is that Anthony’s temper ignited when he heard the infant crying, and because he didn’t want to drink the formula. I believe that by the infant refusing to drink the formula, Anthony tried to force the bottle down the baby’s mouth even though the baby was not hungry. It was reported that when Mrs. Marty started CPR on the infant, she found a streak of blood in the baby’s mouth. This could have come from Anthony trying to force the milk into the infant’s mouth. Also, even though Anthony claimed the baby refused the milk, Mr. Polk, the paramedic who first arrived on the scene said “he simply was concerned with assisting the infant breath, and suctioned white fluid out of the victim’s airway”. Was this white fluid milk' I believe it was, and I believe that Mr. Garcia had been violently forcing it down the baby’s mouth, even though it was refusing to drink. When the baby refused to drink the milk, Anthony could have started shaking the baby in anger, or could have gotten violent with the baby. Anthony didn’t think he was shaking him, but was just as he termed it “playing rough with him.” When does anyone ever play “rough” with a baby, especially a three week old baby' I believe in the theme, “once an abuser, always an abuser.” If Anthony was willing to put at risk the health and brain of his baby son once, what makes you think he wouldn’t do it again' I believe that since he shook his son once, he would be willing to shake him again. My second case of theory as to why Anthony is guilty of murder in the second degree is because as a father, Anthony had an obligation to learn how to properly provide for his infant. Even if his temper didn’t get the best of him, and he didn’t force the milk down his son’s throat, he was frequently indifferent to the infant’s well being and never learned how to properly pick him up. He had been caught shaking him which he knew was wrong, and had to be told by Mrs. Boston that he was not supporting his neck correctly. How many times do you have to be told how to hold a baby the correct way, when you are putting that baby in danger of having brain damage, especially your son who you should care for the most' Whether he was angry at the baby and started shaking him, or whether he wasn’t angry at the baby, and never laid a finger on him, he was so reckless and indifferent to the baby’s welfare that such recklessness and indifference caused his death. Anyone who shakes a baby once has a problem, but they could fix that problem by never doing it again. Mr. Garcia was caught not holding the baby’s head correctly again even after he was told the correct way to hold him. I believe in another theme which is “once is a mistake twice is a coincidence”. If Mr. Garcia really cared about his son, he would not have ever made that mistake again because he had been told what the consequences could be. If death is not a big enough consequence to never do it again, then what is' Both of these legal theories fall under the category of second degree murder and I believe he is guilty of both theories. I can tell the Jury one thing. We weren’t there. Only two people know what happened that night for sure. That is poor Anthony Garcia Jr., and Anthony Garcia Sr. Even if Mr. Garcia never abused the child, which we know he did, he was so indifferent to learning how to care for the child that it’s also a function of second degree murder. It doesn’t take much to learn how to care for a child, but he never took the time to learn how to care for his baby, and look out for his son’s best well-being as new parents do every single day. That is why I ask everyone in the court to think about how easily this could have been prevented. An infant died of head trauma that was later diagnosed specifically as being shaken. Somebody shook this infant and that is why he died. To everyone’s knowledge in this courtroom, we only are one hundred percent positive of one person every shaking little Anthony Garcia Jr. That is his father Anthony Garcia Sr. Someone is responsible for this three week old infant not being able to live his life. That person should be punished. That person is Anthony Garcia Sr. and he is guilty of second degree murder of his son, and guilty of not letting his son live the life he deserved. Once an abuser, always an abuser. Sources Captor, R. (2010). Criminal Justice System. http://kidshealth.org/parent/medical/brain/shaken.html.