http://www.azstarnet.com/sn/crime/298337A mother whose 4-year-old son was beaten to death in January 2008 pleaded guilty to child abuse Tuesday and could receive probation or up to 3.75 years in prison.
Marina Baker admitted she was negligent in caring for Fabian Silva "under circumstances that were likely to cause death or serious physical injury," said Bunkye Chi, deputy Pima county attorney.
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According to court and CPS records, Baker took Fabian to Tucson Medical Center in October 2007 because he had been throwing up and battling a headache that kept getting worse.
Doctors were concerned about large, purple bruises on Fabian's forehead and around his penis. Baker told doctors that Fabian had fallen several times while walking up the stairs, hitting his head. The bruising around his penis and other areas, she said, probably came from fighting with his older brother.
At least one doctor said Baker's explanations didn't make sense, but Tucson police and CPS officials said they didn't investigate further because both the boy and his mother denied any abuse, and because other doctors at TMC accepted Baker's explanations and said the bruises around his penis could be a rash.
Fabian was taken to a hospital again on Jan. 26, 2008, arriving at University Medical Center "lifeless," according to police reports. Fabian died the next day, and an autopsy showed the cause of death was blunt force trauma to the head.
Baker was charged with child abuse.
Her live-in boyfriend, Alejandro Miguel Romero, who was watching Fabian alone at the time of the boy's fatal head injury, is facing a first-degree-murder charge along with multiple other charges.
The father is suing CPS. (August 2008)
http://www.azcentral.com/arizonarepublic/local/articles/2008/08/13/20080813roberts0813.htmlFabian and his 8-year-old brother lived with their mother and her boyfriend, Alejandro Miguel Romero. On Oct. 31, seven weeks after Romero moved in, Fabian was hospitalized with a bleeding brain and bruises that two doctors suspected might have been the result of abuse.
CPS was called and - surprise! - found no problem. But then, CPS investigators didn't talk to the boys' maternal grandparents, who repeatedly called to report their suspicions that Romero was abusing the boy. And they didn't talk to the boys' aunt, who lived with the family at the time and would later tell police that Romero used drugs, hit Fabian for wetting the bed and allowed his own sons to beat the boy up.
And they apparently didn't talk to Fabian's day-care provider, who would have told them that Romero called the child "pee-pee boy." Or do a background check, which would have turned up Romero's encounters with police for fighting with the father of one girlfriend and threatening to snap the neck of another girlfriend's boss. Or take Silva seriously, when he asked for help.
As for the letter that Silva's 8-year-old son wrote in November, the one that said Romero spanks the boys nearly every day and that he's scared of the man, CPS wrote it off as coerced. The caseworker would later tell police that she asked the boy whether it was true and he said no, that his father told him to write it.
Three months later, Fabian was dead.
The 8-year-old 's letter:
http://www.tucsoncitizen.com/daily/local/95212.phpIncluded in Romero's court file is an unsigned letter in a child's handwriting dated Nov. 2:Alex hites fabian on the but becuse fabian pees.
Spanks fabian becase his is bad.
Spanks me.
Spanks me becase his kids blame it on me.
Me and fabian get spank all most every day.
He hearts my filling
I am righting to my Dad
I don't like Alex because I'm scared of him.
3.75 years MAX??? She would probably get out in less than 2 years. Disgusting.
I cannot understand a woman who puts her cooter before her kids. Pathetic excuse for a human being.