JOSE HERRERA Jr. - 6 weeks - League City TX

A man charged with killing his infant son and
thought to have fled to Mexico was captured Sunday by Harris County
constable deputies, officials said.

That was welcomed news for League City police, who have been searching for Jose Isaias Herrera,
18, since he was indicted in December.

Herrera was arrested by a Harris County Constable Precinct 6 deputy Sunday night, spokesman Danny
Perez said. Cpl. Juan Pedraza was on patrol in Ingrando Park in
southeast Houston when he noticed several men gathered at the back.

When Pedraza approached the men, one of them took off on foot, Perez said.

The deputy accused Herrera of attempting to flee. He initially was charged with evading arrest.

While he was being booked in the Harris County jail, the warrant for his
arrest in the Galveston County murder case came to light.

On Oct. 27, 2008, police were called to a home in the 400 block of Folk
Crest Lane where the parents told police they woke up and found
6-week-old Jose Herrera Jr. not breathing. League City Police Sgt.
David Hausam said the medical examiner quickly ruled the case a
homicide after “he found that the baby’s back had been broken and other
signs of physical abuse.”

Family and friends said Herrera had family in Mexico where they thought he was hiding, Hausam said.

Recently, though, police got tips that Herrera was hiding out in the Pearland area.

“We had a lot of agencies looking for him,” Hausam said.

Herrera and Jessica Marie Treviño, 18, the infant’s mother, were charged with the boy’s death.

Herrera was charged with capital murder, while Treviño was charged with injury
to a child and remains in the Galveston County jail awaiting trial on
$150,000 bond.

Herrera was being held in Harris County Jail without bond.

Inmate Detail
Name:

HERRERA, JOSE ISAIAS
Date of Birth:

12/15/1990
Age:

19 YEARS OLD
Race / Sex: WHITE / MALE
Arrest Date: 9/3/2009
Release Date:
Next Court Date:

Charge Status Docket # Bond Amount
CAPITAL MURDER PERSON UNDER SIX YEARS OF AWAITING TRIAL 08CR3697 CASH OR SURETY $500,000.00
IMMIGRATION HOLD IMMIGRATION HOLD DENIED $0.00
Total Bond Amount:$500,000.00
http://p2c.co.galveston.tx.us/p2c/InmateDetail.aspx?navid=634214404466493750

jessica trevino is no longer in the galveston county jail - i can't find her criminal record so her case may have been dismissed or she had a plea deal

On Monday, jury selection began in the trial of Jose Isaias Herrera, 19, who is accused of killing his 6-week-old son by breaking the infant’s back. The baby was found dead Oct. 27, 2007, in his League City, Texas home.
Herrera is charged with capital murder, while the boy’s mother, Jessica Marie Treviño, is charged with injury to a child. Herrera, who is in the country illegally has been in jail since his arrest in August 2009 on an immigration hold.

A “jail snitch” testified Friday that a man accused of killing his 6-week-old son confessed he was on drugs and hit the child when the “baby wouldn’t stop crying.”

Christopher Altizer, 19, who said he was convicted of indecency with a child by exposure, told the jury he met the defendant, Jose Isaias Herrera, while incarcerated at the Galveston County Jail.

Herrera, 19, was charged with injury to a child in the Oct. 27, 2008, death of his only son, Jose Herrera Jr. The boy was found by his mother face down and dead in a crib in the unmarried couple’s League City town home.

During day four of testimony, Altizer told the jury in Judge Lonnie Cox’s 56th District Court in Galveston that Herrera twice made statements to him about why he was incarcerated.

About four days into his incarceration, Altizer asked Herrera why he was in jail.

“He said for killing little man,” Altizer said. “I thought that was just somebody’s nickname. I asked him, ‘who’s little man?’ and he didn’t say anything. I just left him alone.”

The second encounter came when Altizer was doing pushups in the recreational yard.

“He said he needed to get something off his chest and (could he) trust me not to tell anyone,” Altizer said. “I said, ‘yes.’”

Altizer told the jury Herrera made a jailhouse confession.

“He said he was on drugs,” Altizer said. “The baby wouldn’t stop crying, and he hit it.”

Herrera’s defense attorney, Jeth Jones, asked Altizer if he’d heard the term jail snitch and whether he was one. Altizer replied yes before Cox sustained the state’s objection to the question.

Jones questioned Altizer on an inconsistency in one of his statements and played a video for the jury, in which Altizer said Herrera was “methed out,” meaning he was high on methamphetamine, when he hit the child.

“He told you he punched the baby in the head?” Jones asked, to which Altizer replied, “Yes, sir.”

A second witness testified Friday that Herrera made an admission during the wake for the baby.

Maria Medina, a former co-worker of Nancy Trevino, the child’s grandmother, testified she approached Herrera at the wake, because no one was consoling him.

Herrera walked to the casket and started crying, Medina said.

“He said it was his fault, that he did it,” Medina said. “I was shocked. I was thinking that it was a crib death.”

When Trevino returned to work, she blamed Herrera. That’s when Medina told her of Herrera’s admission at the wake, testimony revealed.

The trial is expected to resume Monday with prosecutors calling a pediatrician and a medical examiner to the stand.

Charges against a woman whose testimony helped convict the father of her slain baby were dismissed Wednesday.

Jessica
Trevino, 20, was charged with injury to a child by omission, but the
state cited insufficient evidence as a reason to drop the first-degree
felony, her attorney, G. Byron Fulk, said.

Trevino testified
against the boy’s father, Jose Isaias Herrera, 20, who was convicted and
sentenced to life in prison on Monday on a charge of injury to a child
causing serious bodily injury.

Trevino awoke to find the
6-week-old boy dead in his crib in the room she shared with Herrera in
her parent’s League City town home. The boy was called Baby Jose during
Herrera’s 11-day trial in Galveston.

Herrera, an illegal
immigrant who was once deported to Mexico, claimed the boy’s 14 rib
fractures, broken spine and bruises were the result of his vigorous
cardiopulmonary resuscitation.

Prosecutors told jurors Herrera questioned paternity after learning Trevino was involved with a co-worker.

“Did
you need a DNA test to know who the father was?” First-Assistant
District Attorney Donna Goode asked Trevino at trial. “Did you care?”

“No ma’am,” Trevino replied.

Trevino testified that after the baby was born she didn’t know who the father was. It wasn’t important to her, she said.

After
Herrera’s sentencing, one juror told The Daily News he believed the
infant’s back was broken while he was facedown in his crib so his cries
wouldn’t alert Trevino.

Jurors found Trevino’s testimony credible, and the charges were dropped in the interest of justice, Goode said.

There was never a deal to drop the charges if Trevino testified, Fulk said.

“Donna Goode was very clear from the start,” Fulk said.

He said defense attorneys rarely put clients on the stand. “That’s how confident I was she was completely innocent,” he said.

Trevino was jailed for eight to nine months until her bond was reduced, Fulk said.

Child protective services placed Trevino’s first child with grandparents. Trevino is pregnant with a son.

“She sees this as God’s blessing to replace the child lost,” Fulk said.