Thread: N.M. - Dead toddler's family wants case dropped

Updated: Monday, 13 Aug 2012, 5:29 PM MDT
Published : Monday, 13 Aug 2012, 5:29 PM MDT

Alex Goldsmith
krqe.com

ALBUQUERQUE (KRQE) - For months a 19-year-old day care worker carried her nephew, 2-year-old Gabriel Torres to work safely in her car.

Albuquerque police say one major slip of memory from Sandra Rodriguez-Miramontes and hot weather turned an ordinary day tragic when the toddler died.

Rodriguez-Miramontes, a mother of a 10-month-old herself, is facing a charge of child abuse resulting in death for leaving the 2-year-old in a car for eight hours.

According to a criminal complaint, by the time she realized she had left him in the car it was too late.

Despite what investigators say is her responsibility for her nephew's death, the toddler's family wants Rodriguez-Miramontes released from jail and the charges dropped.

She is currently being held at MDC on a $50,000 bond.

However, if Rodriguez-Miramontes' bond were posted she would still remain in jail because ICE has placed an immigration hold on her because she is an undocumented immigrant.

The President's new immigration policy directive allowing for deferred immigration action and a path to a work permit could apply in her case. That's because a family spokesperson says Rodriguez-Miramontes was brought to the United States as a young child, is a Rio Grande High School grad and doesn't have a substantial criminal record, the key factors for an undocumented immigrant to be eligible.

That is all doubtful if the current felony charge she is facing is not dropped by District Attorney Kari Brandenburg's office.

If the DA pursues the charge, Rodriguez-Miramontes' case has to be heard by a grand jury by no later than Tuesday. Brandenburg says her office is still reviewing the case.

Even if Rodriguez-Miramontes is indicted, the charges could be dropped later.

Brandenburg says a victim's family's wishes play a factor in any case, but those wishes are not the only factor.

"It always is a consideration but for us to say we don't consider the law we don't consider the circumstances we don't consider the issue of public safety would be I think very unfair and very inappropriate," Brandenburg said.

Even if all charges are dropped, the immigration hold would remain while ICE made a determination in Rodriguez-Miramontes' case. Also if the President's directive mostly applies, ICE could still deem her a threat to public safety and continue deportation proceedings against her.

Dead 2-yo's family wants case dropped

I don't understand how anyone could leave a child alone in a hot car, nevermind forget them there.

Originally Posted by Kiara

I don't understand how anyone could leave a child alone in a hot car, nevermind forget them there.

Happens a lot. I can never understand people. This also happens with dogs being left in cars but you don't hear much about that .... Here you call police for children or animal control, some people break windows out to help especially with 100+ temperatures. You see them leaving them in the car with windows up air on, and some times no air on....Disgusting what are they thinking???? These poor defenseless children or animals they are really trapped and can't help themselves to get out...

The family wants the case dropped I bet they do,too much attention why is that???? Illegal are they, no more welfare??? I know it sounds cruel, heartless,but first thing I thought of after feeling sorry for the poor baby...was that!