ZACHARY DOMINGUEZ - 5 yo (2/2011) - Odessa TX

Two Arrested For Child Abuse After 5 Year-Old's Death 2/20/11

February 20, 2011

Odessa, TX – A five-year-old child is dead and two people are behind bars for child abuse.
Odessa
police tell us they responded to a home at 1609 Lincoln this morning
just before 10:00 am to the call of a child in cardiac arrest.
The child, 5 year-old Zachary Dominguez was take to the hospital where he died.
Investigators, along with CPS and Harmony Home went to the scene.
Police say the child had multiple injuries, which occurred over a period of time.
27 year-old Kimberly Moore and 25 year-old Ralph Martinez were arrested and charged with Injury to a Child.
They are now behind bars.

CBS 7 crews were all the scene today, to bring you the very latest tonight on CBS 7 News at 10:00.
http://www.cbs7kosa.com/news/details.asp?ID=23953

A 5 year old boy is dead after what police are saying is a long history of child abuse.
Tonight, two suspects are behind bars.
Police tell us Zachary Dominguez was taken to the hospital this morning for cardiac arrest, but was then pronounced dead.
Police say it seems this was not the first time the little boy had been the victim of abuse.
Odessa Police responded to 1609 North Lincoln in Odessa just before 10 o’clock this morning to a child in cardiac arrest.
5-year-old Zachary Dominguez was rushed to Medical Center Hospital were he succumbed to his injuries.
Police say Zachary had been abused before.
"The injuries have occurred over a prolonged period of time," said Lt. Eddie Reed, Odessa Police Department.
Kimberly Moore and Ralph Martinez were arrested and charged with felony injury to a child.
Police say they're still looking into what kind of injuries Zachary has undergone that ultimately took his life.
"They're
suspicious in nature to us, the types of injuries, and at this point,
we're processing everything we can out here," said Reed.
Neighbors say something like this is not a surprise because of what's happened there before.
"There's a lot of crime, a lot of bad activity, you can tell by the people coming in and out.”
"There was a meth lab there at one time. It's the people they let live there, they're trouble a lot of the times."
The death is still under investigation by the Odessa Police Department and Child Protective Services are also involved.
CPS officials say the child did have siblings and they have now been removed from the home.
We'll continue to follow this story and bring you the details as they become available.

http://www.cbs7kosa.com/news/details.asp?ID=23957

http://www.oaoa.com/articles/moore-62260-hearing-children.html

From prison, fathers speak at custody hearing
Two men give recommendation on where Moore's three surviving children should go



March 22, 2011 7:07 PM

Courtroom 214 of the Ector County Courthouse was mostly silent Tuesday afternoon, except for the voices coming out of a speakerphone.

Kimberly Ann Moore, the 27-year-old mother accused of beating her 5-year-old son, Zachary Dominguez, to death, sat silently as she listened to the two men who fathered her children speak from prison via speakerphone about what they thought about where their children should be placed.

The hearing at the courthouse was to update family members, including the fathers of Moore’s surviving children, where the Department of Family and Protective Services was in placing the kids. As of Feb. 28, they have been placed in basic foster care in Odessa, Assistant County Attorney Merry Worley said.

“The plan is to keep (the children) together when you are dealing with siblings,” Worley said. “Right now we’re looking favorably at one person.”

In the courtroom, Worley first spoke into the speakerphone to Benjamin Dominguez, the 26-year-old father of Zachary and Moore’s 3-year-old and 1-year-old sons. Dominguez said he was aware that charges had been filed against Moore and wished for one of his family members to take custody of all three remaining children.

“I don’t want none of her family to get my kids,” Dominguez said over the phone from the Sanchez unit in El Paso.

Currently in prison on an evading arrest with a vehicle conviction relating to a June 2010 incident in Scurry County, Dominguez gave the names of three relatives he wished for the Department of Family and Protective Services to investigate to place Moore’s children. Worley asked if Dominguez was willing to undergo a psychological evaluation and take services such as parenting classes and drug and alcohol awareness classes to help him possibly get his children back.

“Are you willing to take these social classes to help your chances?” Worley asked Dominguez about obtaining his children soon after his scheduled Aug. 23 release date.

“I want to try anything to get my kids back,” Dominguez responded.

The second phone call made was to 32-year-old Jacob Sanchez, the father of Moore’s oldest child, a 10-year-old daughter.

After a brief moment of technical difficulties, Sanchez finally began to speak on the phone. According to the Department of Criminal Justice, Sanchez was serving five years at the Allred unit near Wichita Falls on a sexual assault conviction regarding a January 2009 incident in Midland County. However, Sanchez told the court he was in prison for aggravated sexual assault and was serving his sentence in Dalhart.

Sanchez was advised because of his crime, he could not get custody when released. However, Worley said that Sanchez had sent Ector County a “long list” of family members who the department would be looking at as a potential home. Worley also asked Sanchez if he would undergo a psychological evaluation and take classes.

“As far as parenting classes, there’s none here to my knowledge,” Sanchez said. “But I’ll do anything for my kid.”

Sanchez will not be eligible for parole until February 2012, TCDJ information indicated.

Before dismissal, Worley said that because of reported Moore’s involvement in the death of Zachary, Moore would not be allowed to take any parenting classes, as per the policy of the department. Judge Silvia Chavez then called Worley and Anthony Robles, Moore’s defense attorney, to the bench. The discussion led to Worley requesting Moore get a psychological evaluation and to take parenting classes.

“We’ll not provide her with these, but we are requesting them,” Worley said.



During the hearing, when Robles was given the chance to ask Dominguez and Sanchez questions, Robles would say he had none.

Robles would not comment on why Worley would allow Moore to take parenting classes.

“You can look it up in the Family Code,” Robles said, but gave no further reference.

Moore and her boyfriend Ralph Martinez Jr., 25, are each charged with two counts of injury to a child and are being held at the Ector County Detention Center on bonds totaling $200,000. Zachary was found dead Feb. 20 after a call went out about a cardiac arrest. The Ector County Medical Examiner’s Office said Zachary’s final autopsy was not yet available.

The second charge comes from the supposed abuse of Moore’s 3-year-old son, who survived.

Martinez Jr. was not in the courtroom Tuesday because he is not the biological father of any of Moore’s children.

My goodness. I think the remaining children would be better off adopted outside the family with all the crimes the fathers have been convicted of. Those poor kids don't have much of a chance do they?

Martinez enters guilty plea in exchange for life sentence

Posted: Wednesday, August 14, 2013 2:51 pm

The Ector County District Attorney's Office announced in a news release this afternoon that Ralph Martinez Jr. has entered a guilty plea to the February 2011 capital murder of Zachery Dominguez.
In return for his plea, he received life without parole. The state was prepared to go to trial next week and was seeking the death penalty in the case.
The state waived the death penalty in return for his plea of guilty and his agreement to testify against Kimberly Ann Moore, the mother of Zachery Dominguez and one of two other people charged in the case.
The release stated the state has agreed to be lenient against Evangelina Quezada in exchange for the plea. Quezada is Ralph Martinez’s mother and is charged in the case.

http://www.oaoa.com/news/crime_justice/courts/article_b1275f46-051a-11e3-ae41-001a4bcf6878.html


Mother charged with capital murder pleads guilty

Posted: Wednesday, October 16, 2013 5:30 pm

The Odessa mother charged with capital murder in connection to the 2011 death of her 5-year-old son pleaded guilty Wednesday, receiving life in prison.
Kimberly Ann Moore, 29, was sentenced to life in prison plus 15 years to be served consecutively, a news release from Ector County District Attorney Bobby Bland stated. Moore will be eligible for parole after serving 37.5 years, the release stated.
Moore is the second person to plead guilty to the Feb. 20, 2011, death of 5-year-old Zachery Dominguez. Ralph Martinez Jr., 28, pleaded to the same charges on Aug. 14, and was sentenced to life in prison without parole.
Martinez and Moore were originally charged after Zachery died on Feb. 20, 2011, at Medical Center Hospital. Moore is Zachary’s biological mother and Martinez said he and Moore were dating.
Odessa Police officers originally responded to the couple’s residence at 1609 N. Lincoln Ave., after officials were called for a cardiac arrest case. According to an arrest affidavit, Moore and Martinez were also accused of causing multiple injuries on Zachary, including several bruises at various states of healing, burn marks from scalding and open sores.
The couple was also accused of placing the child in hot water because he defecated on himself, the affidavit stated.
Martinez’s mother, Evangelina Quezada, who was also charged with capital murder under the law of party in connection to the case, pleaded Wednesday to failure to report a felony. Quezada, who was arrested at the Ector County Detention Center while visiting her son on Aug. 7, received a 6-month sentence, the news release stated.
Both pleas were made with the consent of the surviving family members and ensured Moore’s surviving children would not have to testify against her, the release stated.

http://www.oaoa.com/news/crime_justice/law_enforcement/article_f27a88a2-36b0-11e3-8b19-001a4bcf6878.html