• You must be logged in to see or use the Shoutbox. Besides, if you haven't registered, you really should. It's quick and it will make your life a little better. Trust me. So just register and make yourself at home with like-minded individuals who share either your morbid curiousity or sense of gallows humor.

Sugar Cookie

Veteran Member
Bold Member!
A search warrant sheds light on a case involving the dead of a 4-year-old child.

Police were called to the Cinnamon Tree Apartments in southeast Albuquerque, where they found child unresponsive.

The search warrant says a man was babysitting the child while the mother was at work.

He told police he tripped and fell on the child -- knee first.

The documents say that after the child got up, they went to the bathroom to clean off blood from a previous injury

The man told officers that the child told him he didn't feel good -- and fell as he made his way back to the bedroom, hitting his head.

That's when the man said the child started having breathing problems.

The man said he started CPR-- and called the child's mother before calling for help.

The child died at the hospital.
 
Last edited:
Family members identified the boy who died Tuesday as 4-year-old James Dunklee-Cruz.

Albuquerque police responded to the Cinnamon Tree Apartments where they found the child unresponsive.

The boy was taken to the hospital and pronounced dead.

James’ family members think his death was preventable.

Kevin Nelson, the boy’s grandfather, told KOB 4 that James was living with him and other family until the state’s Children, Youth and Families Department gave him back to his mother.

“Basically, CYFD forced us to do that,” Nelson said.

“They wanted to go for a reunification with the mother which we knew was a bad idea,” he added.

According to Nelson, the boy had a lot of bruises when he came to live with them. He said he showed CYFD officials the pictures.

Arturo Baca, James’ mother’s ex-boyfriend said he doesn’t think the mother is to blame.

"I think it's more of the people she left him in the hands of,” he said.

Baca said he helped raise the child until the couple broke up a couple months ago.

“I didn’t want to see that little guy from home to home to home and not have anyone to rely on.”

On Saturday, Baca created a makeshift memorial for James with candles, a picture and a Paw Patrol Christmas stocking.

He said he hopes whoever killed James will go to jail for life.
 
Last edited:
Detectives arrested Zerrick Marquez, 26, who allegedly beat and killed his roommate’s 4-year-old son while he was babysitting last December.

Police say the child, James Dunklee, and his mother were living with Marquez, his girlfriend and two children at the Cinnamon Tree apartments when the boy was killed.

According to a criminal complaint filed in Metropolitan Court:

Officers responded around 10 p.m. to the apartment for a child who was unconscious and not breathing. They found Dunklee on the floor and took him to the hospital where he was pronounced dead.

Marquez told police he was babysitting Dunklee while his mother was at work and was alone at the apartment with the children. Marquez said he went to get something from the dresser, tripped, and fell knee-first onto Dunklee’s chest as the boy slept. He said Dunklee then had “a blank stare” and told him “he did not feel well” before the boy fell and hit his head against the wall.

Marquez told police Dunklee was “breathing funny” afterward, and he tried to resuscitate the child before calling his girlfriend and 911. Marquez’s girlfriend and Dunklee’s mother showed up before police. They found the boy naked and unconscious on the floor.

Officers noticed Marquez’s hand was bruised and swollen, and he said he was in a fight at work “weeks ago” but then changed his story to say he punched a car after hearing Dunklee was dead. Lapel footage does not show Marquez punch anything.

Marquez told police he had smoked “wax,” a form of marijuana, earlier in the day.

Police say bruises covered Dunklee’s body. He also had knots on his head, a bloody left ear and other injuries. An autopsy confirmed “massive internal injuries,” including a lacerated liver and pancreas, bruising to his lung and intestine, blood in his abdomen and a skull fracture.

A doctor found many of the injuries were not consistent with Marquez’s story.

Marquez’s 2-year-old daughter told a CYFD investigator, and later police, that her father jumps on Dunklee “too hard” when the boy is “in trouble.” The girl said Dunklee was “hurt,” said “ow, ow, ow” and she was “worried” about the boy.

Officers had the New Mexico Children, Youth & Families Department place Marquez’s other children on a 48-hour hold while they investigated.

Detectives found text messages between Marquez and his girlfriend — going back months — talking about beating the children, lying about a bruise on Dunklee’s leg and talking about hating Dunklee and his mother.

In one text, Marquez’s girlfriend says she told a crying Dunklee to “shut up” and that “no one cares” about his leg injury. The text asks Marquez to lie to his mother about how the injury happened, suggesting that he blame it on their other child.

The mother of Marquez’s girlfriend told police the couple brought Dunklee over for Thanksgiving, and he “couldn’t even walk” and was “really in pain.” But the girlfriend said the child just “had a weak leg.”
1582163848035.png
 
Last edited:
Jun 2, 2020
The autopsy report for a four-year-old boy who was beaten to death has been released and it shows the abuse was not a one-time thing.

We’ve reported that investigators found bruises and cuts all over the James Dunklee’s body along with a lacerated liver and pancreas. Bruising on the lungs, intestines and a large amount of blood in the abdomen and a skull fracture. A newly released autopsy report also shows the boy had three fractures on his jaw and chin which were already in a healing stage.

CYFD has documented previous allegations of abuse perpetrated by the defendant and there was a safety plan in place where James was not supposed to be cared for by Marquez but CYFD would not say what those allegations were.

Marquez is scheduled to go to trial next year for child abuse resulting in death.
 
Last edited:

Attorneys argue that the department had every opportunity to save the life of 4-year-old James Dunklee Cruz.

He was found at an Albuquerque apartment with extensive injuries in December 2019. He died at the hospital.

However, the allegations of abuse did not start in 2019. Rachel Berenson and Sara Crecca, who are representing the boy's estate, said he has been in the state system since the day he was born.

Documents indicate there were more than 10 referrals to CYFD and eight investigations. Instead of taking James away from his mother, Krista Cruz, workers implemented a 'safety plan.'

'We have time and time again where Krista is lying, breaching her duties, not following through and the investigator doing nothing,' Berenson said.

Attorneys argue there were continuous warning signs.

In 2018 and May 2019, allegations of neglect and abuse were made.

James allegedly told CYFD workers that he was not safe with his mother.

Police also found James wandering outside alone several times in 2019.

Without a permanent address, documents show CYFD attempted several home visits but couldn't reach them.

A month later, Cruz showed up at urgent care with bruising, including on his genitals.

'The physician reached out to CYFD and said this needs intervention right now, and CYFD chose, at that juncture, not to take him into custody,' Berenson said.

James was interviewed at the Safe House. He disclosed to workers 'that sometimes his mom did not give him food.' He also told interviewers 'a multitude of extreme abuses that had been committed by Zerrick and Pamela, friends with whom they had been living.' According to documents, James once again disclosed sexual abuse had happened while in his mom's care.

'He should be alive today. There's no question. He should be alive. Had CYFD done its job at several different points, he would be alive,' said Crecca.

According to the safety plan, James was not supposed to have been around Marquez after the allegation was made.

However, Marquez was supposed to be caring for James when his was allegedly found beaten.

Marquez is charged in connections to James' death.

James' mother is not facing any charges.
https://amp.kob.com/articles/cyfd-f...-following-4-year-old-boys-death-6104894.html

I know I messed up posting this properly-please feel free to correct-any one with the ability.
 
Last edited by a moderator:
It's been two years since four-year-old James Dunklee Cruz was killed. Officials say he was badly abused.

KOB 4 told you just last month that the little boy's own mother, Krista Cruz, has been indicted for her role in his death.

But Cruz has not yet been arrested.

It was a case that really sparked more questions than answers. Four-year-old James Dunklee Cruz was discovered with extensive injuries at the Cinnamon Tree Apartments in 2019. He died at the hospital.

A family friend, Zerrick Marquez, was arrested and charged with his death. He was watching James at the time.

KOB 4 talked to Cruz at a vigil for her son after his death. But in the two years since all of that, a lawsuit against CYFD alleges James should never have been in his mother's care.

Now, Cruz is facing charges in his death.


“I would request a reset,” said Sarah Wintermute, with the Law Offices of the Public Defender.

Cruz was in court Monday for an arraignment. She was indicted on a charge of child abuse resulting in death. But the hearing was pushed back again.

“This case is actually going to be contracted out from the public defenders' office,” said Wintermute.

She is still waiting on an attorney.

"I don't know when Ms. Cruz applied. She was informed two weeks ago to apply and so it should have already been conflicted out I believe the LOPD's office has known about this since they are representing a co-defendant. I'm hopeful they'll get that done sooner or later, hopefully sooner,” said Savannah Brandenburg, prosecutor.

Meanwhile, prosecutors have already filed a witness list, planning to call a number of investigators, CYFD workers, and even coworkers.

The judge reset the hearing for another two weeks. Officials with the District Attorney's Office said at the point of arraignment is when Cruz will be booked and released.
 
Last edited:
The man accused of killing 4-year-old James Dunklee has agreed to a plea deal according to the attorneys in the case. Zerrick Marquez is charged with intentional child abuse resulting in death for beating Dunklee to death in 2019.

Marquez was babysitting Dunklee and told police he tripped and fell knee-first on the boy. An autopsy found Dunklee had bruises all lover his body and a skull fracture, signs of previous abuse.

There was a previous Children Youth and Families Department order prohibiting Marquez from taking care of the boy because of prior allegations of abuse, but it still happened. CYFD said it would investigate, KRQE has been requesting the result of that investigation since December of 2019 and has still not received it. Another request was put in today.

Details of the Marquez plea have not yet been made public. More information will be released when that happens. The mother was eventually arrested in the case for allowing the abuse. She’s expected to go on trial in December.
 
Last edited:
An Albuquerque man pleaded guilty Thursday and faces a life sentence for the 2019 beating death of his roommate’s 4-year-old son.

Zerrick Marquez, 28, pleaded guilty to child abuse, intentionally caused, resulting in the boy’s death on Dec. 10, 2019.

Assistant District Attorney Savannah Brandenburg-Koch said at a hearing Thursday that James Dunklee’s death was the result of multiple beatings over a period of months.

Marquez “acted intentionally, which we would be able to prove with ongoing messages between him and his co-defendants, of long-term abuse to James Dunklee,” Brandenburg-Koch told a judge during the plea hearing.

Marquez caused the boy’s death “by beating him over a matter of months, and resulting in at least 50 different injuries to James Dunklee,” she said.

Police say James and his mother were living with Marquez, his girlfriend and two children when the boy was killed.

Detectives said Marquez was babysitting when he allegedly beat and killed the boy, according to a criminal complaint.

Marquez told police he accidentally fell on the boy, but an autopsy showed a skull fracture, lacerated internal organs and other injuries not consistent with his story.

An autopsy performed by the Office of the Medical Investigator found that James died as a result of blunt trauma to his head and body and ruled his death a homicide.

Detectives say they found text messages between Marquez and his girlfriend in which the couple discussed beating James and lying to his mother about a severe bruise on the boy’s leg.


The boy’s death has resulted in criminal charges against at least two others, including the boy’s mother, Krista Cruz, and Marquez’s girlfriend, Pamela Esparza.


Esparza, 24, and Cruz, 25, are each charged with child abuse resulting in death. Both are scheduled for trial on Dec. 12 in 2nd Judicial District Court.

The boy’s injuries in the months before his death prompted the New Mexico Children, Youth and Families Department to develop a safety plan that prohibited Marquez from caring for the boy, court records show.

A CYFD investigation into the boy’s death, released in April, found at least four reports of physical abuse against James before his death. Those reports date to June 2019 – six months before his death.
The boy told investigators during a safehouse interview in October 2019 that several perpetrators were responsible for his injuries, according to the report.

The safety plan devised by CYFD in October 2019 required James and his mother to reside at Joy Junction Shelter with care for the boy provided by Kid’s Castle.
The plan also prohibited Marquez and Esparza from being around the boy, the report said.

Cruz, the boy’s mother, reported on Oct. 24, 2019, that she had left Joy Junction and that James was staying with her sister, but Cruz refused to provide the caseworker with contact information for the boy, the report said.

A CYFD caseworker tried unsuccessfully to contact the sister in late October 2019, just over a month before James’ death. Cruz told the caseworker on Oct. 30, 2019, that she and James were living with an aunt in Arizona, the report said.
 
Last edited:
A former state Children, Youth and Families investigator has testified that she tried in vain to remove a 4-year-old boy from an abusive and life-threatening home situation, and was directed by her supervisors to erase and edit her case notes after he was killed by his mother's roommate.
The allegations of a cover-up are the latest in the ongoing civil lawsuit filed against CYFD by the estate of James Dunklee Cruz. The boy had been the subject of 10 referrals of child abuse or neglect before he was found unresponsive Dec. 10, 2019, in an East Central Avenue apartment shortly after his mother left for work
He was beaten to death by a man they were staying with, Zerrick Marquez — a man CYFD warned the mother not to live with. Marquez pleaded guilty to child abuse resulting in death on May 5; he has since indicated he wants to withdraw his plea.
At issue in the civil case is why child welfare workers never filed for legal custody of the boy, even after he had suffered a shoulder injury, sexual abuse and told police and social workers that he was being hurt by men in his mother's life.
A video taken while James was being interviewed by police and the social worker shows him sitting on a table at an urgent care center, his arm in a sling, politely answering questions and engaging with the adults. Two months later, he was dead from new injuries.
Instead of taking James into CYFD custody in the last three months of his life, CYFD workers relied on his mother to adhere to a series of "safety plans" to direct where he would live with his mother without ensuring his long-term safety and well-being, states the lawsuit.
Allegations of cover-up at CYFD spark AG, DA inquiries

AG Balderas promises an evaluation of whether any laws were broken...
May 27, 2022 4:05PM

"His body spoke for itself. The injuries speak for themselves. On top of the physical proof, the doctors' concerns, the injuries, the stories that don't add up, we had a four-year-old saying to the adults, he was being hurt. What more does it take to know that he needs to be taken away from that environment?" said Sara Crecca, one of the attorneys who filed suit against CYFD.
The Journal has reported extensively on the case and the lawsuit's claims. But new details of the CYFD investigation and allegations of a CYFD cover-up surfaced during an April 25 sworn deposition of the lead investigator on the case, Jessica Etoll.
Now a licensed social worker in private practice, Etoll was named as a defendant in the wrongful death lawsuit, which was filed by Crecca and attorney Rachel Berenson of Albuquerque.

The new revelations prompted the attorneys to file a motion in court Thursday to amend the state district court lawsuit. A copy of the proposed amended lawsuit was filed as an exhibit.
"Ms. Etoll knew James was being severely abused and believed CYFD should immediately take custody of the child," according to the exhibit. But Etoll needed her supervisors to ask the CYFD legal division to initiate the paperwork to file legal custody.

One supervisor told her to "calm down," and another, a county case manager who had the authority to approve taking him into custody, dragged her feet, but finally relented, the exhibit alleges. By that time, James couldn't be located.
At the time of his death the boy was in Albuquerque living with Marquez, Marquez's girlfriend Pamela Esparza, and his mother, Krista Cruz, who was 22 years old at the time.

Cruz, who herself had been in CYFD foster care, was homeless and had been staying with different friends for months.
The Office of Medical Investigator determined the boy died of blunt trauma to his head and his torso. An autopsy also revealed healing jaw fractures and other healing head trauma that occurred "at a time much earlier (weeks) than the acute injuries," the exhibit states.
Upon learning of the boy's death, Etoll's supervisors decided to change her investigative notes "to eliminate direct evidence of CYFD liability," the exhibit states.

According to Etoll, supervisors Marvin Paul and Melissa Garcia asked where her notes were regarding the Dunklee Cruz investigation. She told them she hadn't yet formally entered them into the CYFD information system but had them on her work computer, the exhibit stated.
She alleges she was told to provide the supervisors with copies of the notes and then was directed to "make a number of specific deletions and edits prior to entering them into the formal (CYFD) system," the exhibit states.

She was also directed to erase the portion of the notes that revealed that her supervisor, Garcia, had decided to begin the process of taking James into CYFD custody, the exhibit alleges. By that time, however, the boy could not be located and was not taken into CYFD custody.
"Mr. Paul and Ms. Garcia caused Ms. Etoll's notes to undergo extensive editing changing how she worded her observations and removing notes they didn't want to be recorded in the permanent (CYFD) record due to James's death and the anticipated investigation into their actions and inactions," the exhibit alleges.
The original and unedited copy of her observations and conclusions was saved on the hard drive of her work computer, the motion states. At the time, Etoll had given her two-weeks notice that she was resigning; she had made the decision to leave before James' death. She turned the computer into CYFD on her last day of employment, Dec. 14, 2019, four days after James died.
She also turned in her CYFD cellphone, which contained photos, text messages to and from her supervisors, another investigator and Krista Cruz. "Upon information and belief, CYFD caused a 'factory reset' of Ms. Etoll's phone to occur, rather than preserve this material evidence, even as the agency was opening its own investigation into James's death," the exhibit states.
The exhibit also alleges CYFD reset Etoll's work computer, "erasing the only copy of her investigation notes that were not redacted and revised by her supervisors."

Depositions of Garcia, who no longer works for CYFD, and Paul have not yet been scheduled in the case. Neither Garcia nor Paul could be reached for comment Friday.
In response to Journal questions on Friday, CYFD spokesman Charlie Pabst-Moore issued a statement via email, "This child's death, as any child's death, is a tragedy. Zerrick Marquez has pled guilty to abuse resulting in the death of this innocent child. The Department does not comment on pending litigation, but does note that the Department is confident in its position and remains committed to improving New Mexico's child welfare system and preventing incidents like this from happening."
Life filled with abuse

The lawsuit alleges James Dunklee Cruz's short life "had been filled with abuse, both sexual and physical, by numerous men his mother had left him with."

One caller reported to CYFD that James was wandering around a Rio Rancho apartment complex in September 2019 "on a daily basis for hours at a time and would ask people for food."
A month later, James was brought to a Duke City Urgent Care with multiple injuries, the lawsuit states, "including an injured shoulder, and bruising on the shaft of his penis, and a black eye." He disclosed to someone who called CYFD that his mother's boyfriend at the time touched him inappropriately while he was in the shower.
The exhibit states after receiving the allegations of abuse or neglect, CYFD imposed "safety plans" and other verbal directives on Cruz regarding his care. Each plan required her to fulfill certain obligations "specifically in exchange" for CYFD declining to exercise its authority to take him into legal custody.

For instance, she was not to reside with Marquez or his girlfriend, Esparza, in October 2019 and she had to place her son in day care for his safety while she was at work.
The state Legislature, by enacting the state Children's Code, has emphasized keeping a family together whenever possible. But Crecca told the Journal on Friday that CYFD is responsible under the law to investigate suspected child abuse and neglect and assess the risk of future harm to the child.

"Something dramatic needs to change," Crecca told the Journal. "The administration has got to pay attention to this; these children need to be a priority."
 
That is why I have never gotten in my feelings and upset when people gave trashed CPS or any agency that is suppose to oversee the welfare of children.

The denials, cover-ups and blatant disregard for the welfare of children is why there is sucj a large turn over of workers in foster care/child proeective serves.
 


The video of James talking to the officer, who is taking pictures of his injuries, is heartbreaking.
1685468377600.webp

A judge sentenced Zerrick Marquez to life in prison in the 2019 beating death of his roommate’s 4-year-old son, requiring him to serve 30 years before he is eligible for parole.

Marquez, 28, pleaded guilty to child abuse, intentionally caused, resulting in the death of James Dunklee on Dec. 10, 2019.
Second Judicial District Judge Stan Whitaker called the case “heartbreaking” and disturbing on many levels.

“I have seen a lot of horrific things in my career, but nothing like this,” Whitaker said of the boy’s killing.
Marquez did not speak at his sentencing hearing. He showed little emotion as he listened to the virtual hearing from the Metropolitan Detention Center, where he has remained in custody since February 2020.

The night of the killing, Marquez beat James for 20 minutes before calling the boy’s mother and reporting that he wasn’t breathing, she said. Another 30 minutes passed before James’ mother called 911.
The mom sucks too.
 
Why isn't mom in jail? Why arent the supervisors in jail? This whole thing makes me sick. All those people saw that boy being repeatedly abused and he was brave enough to tell people to try to get help. And they did NOTHING.

I can't fucking stand this planet sometimes.
 
Krista Cruz pleaded guilty Wednesday to four criminal offenses and faces up to 20 years in prison for her role in the 2019 beating death of her 4-year-old son at the hands of her roommate.

Cruz, 28, was only 17 and still in foster care when she gave birth to her son, James Dunklee Cruz. James died in December 2019 following a severe beating that raised questions about the role of the New Mexico Children, Youth and Families Department in the boy’s life and death.

Cruz has two co-defendants in the boy’s death. Zarrick Marquez, 30, was sentenced last year in 2nd Judicial District Court to life in prison after he pleaded guilty to intentional child abuse resulting in James’ death.
And Pamela Esparza, 25, faces a felony charge of reckless abuse of a child. Her trial has not been scheduled.
 
Pamela Esparza will spend more than a decade behind bars for her role in the death of four-year-old James Dunklee after pleading guilty to child abuse, child abandonment resulting and failure to report.
In court, Judge Stanley Whitaker sentenced her to 13 years followed by five years of supervised probation. Marquez was sentenced to life in prison for the crime. Cruz is scheduled to be sentenced on December 4.
 
Krista Cruz reached a deal with prosecutors in September. She pleaded guilty to four different charges related to the beating death of her child, four-year-old James Dunklee Cruz.
During the plea hearing, Cruz admitted she didn’t do enough to protect her child. Prosecutors also outlined the role she played in James’ death.

Cruz’s roommate, Zerrick Marquez, beat James to death in December 2019 when they were left alone together. Marquez admitted to killing James and is now serving life in prison.

Just months before James was killed, he was taken to an urgent care. There, he disclosed abuse at the hands of his mother, her best friend, Pamela Esparza, and Marquez.
The New Mexico Children, Youth and Families Department told Cruz they could not go back to that home – but they did. James was killed a short time later.


In January, CYFD reportedly agreed to pay $4.9 million to settle a wrongful death lawsuit involving James’ death.
Judge Stan Whitaker sentenced Cruz to a total of 22 years in prison, but her sentences are running concurrently. That means she will serve 10 years in prison followed by five years of supervised probation.
 
I'm not sure how I missed this post before but...my God. So many chances to help this little guy and have someone raise him with love and nurturing just...thrown away. That picture of him sitting there so patiently while they collect evidence of his abuse is heartbreaking. WHY?! CPS really needs to re-evaluate their obsession with reunification.
 

Latest posts

Back
Top