Thread: Dead baby, brain dead judge.

What to say? I know from my LAPD police officer friend that if a baby is not in a Federally mandated car seat at 20 months, and you drive and kill the child by accident, you are up for criminally negligent homicide. This woman is an illegal alien, and still to my knowledge wandering the streets of Grand Junction. As bad as she is, this idiot judge is an even bigger problem.

Let's contact him "Judge" Craig Hendersen

http://www.courts.state.co.us/district/ ... derson.htm


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Judge rejects homicide charge

Friday, April 14, 2006

By MIKE WIGGINS

The Daily Sentinel

A Grand Junction woman who accidentally ran over and killed a 20-month-old boy she was baby-sitting was released from jail Friday morning after a judge refused to sign a police arrest affidavit.

Grand Junction police arrested Lusero Saucedo Morales, 22, on suspicion of criminally negligent homicide in the death of Nathaneal Sandoval on Thursday, but Mesa County Judge Craig Henderson didn’t sign the affidavit, saying there was not probable cause to support the felony charge.

District Attorney Pete Hautzinger said Friday that Henderson didn’t believe there was enough evidence to back the officer’s arrest of Morales.

Henderson, who served four years as a Mesa County deputy district attorney and was sworn in as a county court judge in January, couldn’t be reached for comment Friday afternoon.

Police Sgt. Jim Creasy said Friday that Henderson spoke with a detective and struggled with his decision. Lt. Greg Assenmacher, while maintaining he believed Morales was negligent, said he was “fine” with Henderson’s ruling.

According to the affidavit, written by officer Sean Crocker, police were sent to 2837 North Ave., No. I-61, just before noon Thursday on a report that a child was run over by a vehicle and found Nathaneal unconscious and unresponsive. Paramedics pronounced him dead a short time later.

Morales, who police said was crying and yelling in Spanish, told officers she was baby-sitting Nathaneal and had been told by his mother to pick up Nathaneal’s brother from a bus stop on 28¼ Road. Morales said she put her 1-year-old child in a car seat on the driver’s side of the back seat of a Ford Explorer. She said Nathaneal was “fussy” but that she was going a short distance and didn’t put him in a car seat. Instead, she placed him in the middle of the back seat and secured him with a lap belt, according to the affidavit.

Police noted in the affidavit that the center position of the back seat had only a lap belt and no shoulder strap.

Morales told police she couldn’t get the lap belt tight enough to restrain Nathaneal. An officer noted in the affidavit that there was enough slack in the belt to secure an average-size teenager.

Morales said she closed the rear passenger-side door and saw a friend of hers had stopped her car in the road just behind the Explorer. She walked to her friend’s car and talked with her for an estimated three to five minutes. She then returned to the Explorer and saw that her 4-year-old child was now seated in the rear passenger seat with his seat belt on. She said she didn’t look to see if Nathaneal was still in the vehicle, the affidavit said.

Morales said she looked to the left and slowly began backing out of the driveway, then heard a noise that sounded like she had run over one of her children’s toys. She continued backing until she saw Nathaneal lying on the ground. She stopped the vehicle and tried to tend to Nathaneal while her husband, who heard her yelling, came out of the trailer, removed their 1-year-old from the car seat and ran back inside to call 911, the affidavit said.

Police said part of the reason they jailed Morales, who didn’t have a driver’s license or any form of identification, is because they suspected she was an illegal immigrant and may flee the area if she was just issued a summons to appear in court.

Carl Rusnok, spokesman for the Dallas office of the U.S. Bureau of Immigration and Customs Enforcement, confirmed that Morales is in the country illegally.

He said agents issued her a notice to appear before a federal immigration judge and released her on her own recognizance.

Rusnok said the federal agency could have kept her in custody but didn’t believe there was enough justification to do so.

“There didn’t seem to be a reason based on a flight risk,” he said, noting that because Henderson refused to sign the arrest affidavit there is no pending criminal case against her, and she has no criminal history.

Police said there were a number of factors that led them to arrest Morales on suspicion of criminally negligent homicide, including the fact that she didn’t use a car seat for Nathaneal, as well as the fact that she, as his baby-sitter, was caring for the toddler.

“To me, it’s negligent when you put a kid in a car and don’t have a car seat,” Assenmacher said.

Police aren’t sure how the 20-month-old boy got out of the vehicle. Both rear doors on the vehicle were closed when officers arrived at the trailer park. They suspect Morales’ 4-year-old son may have opened one of the doors, allowing Nathaneal to get out of the vehicle.

Police called the toddler’s death a tragedy and said they felt bad for Morales.

The department brought in a psychologist Friday and offered services to public safety personnel involved in the accident, including officers, emergency dispatchers, paramedics and translators who helped police at the scene.

Police still are investigating the accident and said they will forward reports to the Mesa County District Attorney’s Office. Hautzinger said he will review the information and decide whether to file charges against Morales.

Based on what he has seen thus far, though, he said it may be difficult to prove a criminal charge, especially a felony.

“It’s an uphill battle with criminally negligent homicide to prove that anyone should have foreseen this was going to result in a death,” Hautzinger said.

Mike Wiggins can be reached via e-mail at mwiggins@gjds.com.

An American citizen would have been drawn and quartered for this. What more evidence does this judge need? This stuff makes me mad. I can't tell you how many times I've had to buckel up my own "fussy" child only to have her unbuckel herself while going down the road and I'd have to pull over and fix it again. That excuse wouldn't have flown for me. I remember waiting in the pick-up line at school and you'd have to get there early. My little one would get restless, we were parked, engine off and I'd let her out to play with her baby etc. Always, there'd be a police officer that would tap on the window to remind me she must be buckled up before I move again. Yet he'd stand right there and watch 20 mexican children crawl into a panel van and not say a word. I've seen mom , dad, 5 little ones and an infant in the front of a pick-up, yet nothing. Makes no sense.

I figure that the judge who I personally KNOW has just had a baby of his own, may not be completely objective due to the state of mind having a child brings.
That or he is compelled ny the County not to spend the cash to keep this person in jail. The economic expediency issue, if true, if followed, could get him and such decision makers REMOVED!
If this is the state of the law....

Oh, here, it is a whole raft of kids in the back of a pick up!!!!!

The police officer won't even give them a second look. They wouldn't pay the fine anyway - so why bother. TExas is broke and police officers are being used a revenue gatherers - rather than police officers - all too often. So why give a ticket to someone who is not going to pay.

I don't think I have heard of a case this sad, but unless an illegal does something really egregious, nothing is done.

This was about 15 years ago, but a couple of illegals who were drunk and hopped up on marijuana rammed the back of a woman who was stopped at a traffic light. It broke something in the neck and she became a vegetable. Her husband worked for my husband.

The police arrested the individuals and called the INS. The INS said they wouldn't pick up just 2 individuals. The county said they couldn't afford to try them because they would have to pick up the tab for their attornies, etc.

So - they were turned loose.

Fired off a comment via email to this judge stating he is an embarrassment to the judiciary process in this country. Maybe if one of these illegal immigrants runs over his child or grandchild he may see what is really going on in this country with illegal immigrants.

First is any reason you would moderate this comment? I repeat it now, and I would like to know if there is some glitch or whether what I wrote which stayed for a time and then disappeared was moderated.

When I began to be involved with this issue I went down to the Port of Entry in Port Angeles Washington and sopke with the man in charge. He was responsible for security and immigration at the Port. Back around 2000, it became famous for the arab crossing over from Canada with a pile of bomb maing material.
We discussed then in and outs of the issues and then he came right out and said it
"The problem is the judges and their unwillingness to enforce the exisitng law" This from a high officer in the fight to uphold our nations security, and laws.
From this point it quite obvious that if judges won't prosecute someone who kills a child out of negligence, and that person has no right to be here, that our judicial system has all the integrity of a sieve.

The judges on the bench are the problem. it is the maim reason immigration law is not being enforced.

naturalglenn,

Your post was not moderated. They have been doing site maintainence this morning and all posts from 9am on were lost. The work is done now so we won't lose any more.

Sorry

Well I repost to top off the post. The Chief of Port Angeles Officer Sliminski is the man that made the observation about the "judges" They need pressure put on them. We should shun them and not offer the respect their office demands as they ARE NOT FIT FOR IT!!
Most of these people are appointed and then by elites watched and chosen for their lapdog status, which is carefully recorded throughout their careers as lawyers. Then the social instructions on how to rule are given, not necessarily directly, but indirectly, as these judges are "Following the leader", and these are certainly unelected. Our rights as the people under the Constitution, are not the world these people travel in.

It is beyond time to junk this system.

The nazis had judges like this, that simply calcified the tyrannical rulings of political elites that held control. We should not revere these judges, we should,

REMOVE THEM!!!!