Migrant convicted for leaving baby under bush near Douglas

SIERRA VISTA, Ariz. -- An illegal immigrant who abandoned a 16-month-old girl under a mesquite bush as Border Patrol agents closed in was convicted of child abuse, but a jury rejected a more serious charge that could have led to a 24-year prison sentence.

Juan Cayetano Rosas, 24, faces 2 1/2 years in prison for Friday's conviction on a negligent child abuse charge.

Cayetano, from Huachinango in the Mexican state of Puebla, was among a group who crossed the border on July 5, 2005. He testified at his trial in Bisbee that he had just squeezed through a fence into the U.S. when the migrant smuggler leading his group told a woman to hand him her baby.

When Border Patrol vehicles suddenly appeared, Cayetano said the smuggler told the group to run. He ran with the baby and the mother went the other way.

Cayetano said he lay on the desert floor with the child for about two hours before the girl started crying. Thinking the cries would attract nearby agents, he ran away.

The woman was caught and told agents about the missing baby, and they caught Cayetano about an hour later. He eventually led agents to her hiding place.

The child was scratched and covered with ants, but otherwise unharmed.

The Cochise County Attorney charged Cayetano with aggravated abuse of a child under 15, which carries the 24-year prison term.

A juror who spoke with the Bisbee Review newspaper on the condition of anonymity said a key issue during deliberations was whether Cayetano had left the child in a situation likely to cause death or serious injury, as prosecutors alleged.

Several law enforcement agents testified that there were dangers such as scorpions and snakes in the area where the child was abandoned.

But the juror said the panel decided the child was at some risk, but not as serious as prosecutors alleged.

"We have a lot of the same things in our houses that are in the desert," the juror said.

The mother identified herself to police as Mar'a Luisa Escutia Luna, 35, and the girl as her daughter, Sandra Escutia Luna, 16 months old, although officials never confirmed her name. She said they were from the Mexican state of Michoacan and were on their way to Chicago.

Both were returned to Mexico last year. Cayetano is set for sentencing on Sept. 29.

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