"Toddler John Doe" - 4 yo (Accused: Elvis Garcia) New Bedford MA

NEW BEDFORD, Mass. --

A man accused of beating the 4-year-old son of a female friend was ordered held without bail for 90 days.
Elvis Garcia was in a New Bedford courtroom Monday for a dangerousness hearing.
New Bedford police called it one of the worst cases of child abuse they have ever seen.
Detective Alberto Silva responded to St. Luke's Hospital on Jan. 29,
when the boy was brought in to be treated. On the stand, Silva described bruises to the boy's arms,
shins and back and a cut on his backside.
Doctors said the injuries were consistent with being struck with a rope or a cord.
Silva also testified that the boy -- called Baby Doe at the hearing -- told a nurse who was responsible for his injuries.
"During the initial exam, she had asked Baby Doe how he obtained the injuries. Baby Doe had said 'Elvis,'" Silva said.
The defense tried to portray Garcia as a loving father figure who often took care of the boy.
"Feed him. Clean him. Just take care and be a friend to him," Cory Levrault, a friend of Garcia's, testified.
Pedro Ramos, Garcia's cousin, told NBC 10 that Garcia treated the boy like the son he always wanted.
"He took him in like, 'That's my little boy.' Bought him clothes for Christmas. Took him out everywhere," Ramos said.
The prosecution argued that Garcia is an abuser who needs to remain locked up.
"There is enough evidence here to show that the defendant inflicted injuries upon Baby Doe,"
Assistant District Attorney Marnie Peck told the judge. "There is enough evidence that this
defendant poses a danger to children and to society."
The boy's mother was charged with child endangerment for allegedly
allowing the abuse. She was ordered held without bail at a hearing last week.
The boy remains at Boston Children's Hospital, where he's scheduled for surgery Tuesday. The prosecutor said he is "in good spirits."

http://www2.turnto10.com/news/2011/feb/07/8/detective-boy-identifies-mothers-boyfriend-abuser-ar-388834/

NEW BEDFORD — A 4-year-old New Bedford boy is
being treated for serious injuries at Children's Hospital in Boston
after his mother's boyfriend allegedly beat him repeatedly with a belt,
authorities said.
"In my 16 years, this has
got to be the most heinous crime I've ever seen on a living child," said
New Bedford Police Detective Alberto B. Silva.
The child's injuries — he had bruising all over
his body, deep lacerations in several areas and dried blood in his ear —
were so horrific that a nurse at Children's Hospital was moved to
tears, according to police reports.
Elvis J. Garcia, 31, of 413 County St., was arrested late Monday night by members
of the state police fugitive apprehension unit and the New Bedford
Police Department's juvenile and sexual assault division.
Garcia is charged with assault and battery with a dangerous weapon resulting
in substantial bodily injury and reckless endangerment of a child.
Police charge he beat the little boy with the belt over a period of
several days.
Sandra M. Augusto, 33, the child's mother, has also been arrested. She was arraigned Monday on
charges that include permitting substantial injury to a child, reckless
endangerment to a child under 18 and being an accessory after the fact.
The boy, who was left in Garcia's care last week, told detectives at the
hospital that Garcia had struck him with a belt, bruising his forehead,
right temple, inner thighs, right hip, shins, back and buttocks.
At the hospital, the child asked a nurse who had drawn a smiley face on a
piece of medical tape whether she was going to "put it on my mouth to
shut me up," court records said.
Last August, following a trial in Superior Court, Garcia was acquitted of a charge of
assault with intent to murder that stemmed from a February 2008
shooting at Ying Yang Barbershop on Acushnet Avenue. Police said Garcia
shot a male patron but, at trial, the victim, who was incarcerated on an
unrelated matter, refused to identify Garcia as the gunman.
Garcia was arraigned Tuesday in New Bedford District Court but bail arguments
were postponed to today because an out-of-town attorney will have to
represent him since a local lawyer is related to the victim.
Assistant District Attorney Marnie Peck said she will request a dangerousness hearing.
"This is a very serious child abuse, neglect case," Peck said.
A dangerousness hearing is scheduled Friday for Augusto, who police said
refused to tell investigators her son's whereabouts after she was
arrested Sunday at her apartment at 90 Mott St.
Police apprehended Augusto — a hairdresser with nine prior arrests for
shoplifting — after relatives spent several days trying to find her and
the child. Augusto had five active warrants for her arrest, court
records said.
On Jan. 27, Augusto's mother, who declined to speak with a reporter Tuesday, obtained legal custody of
the boy because relatives were concerned that Augusto was dealing drugs and exposing her son to those activities, court records said.
The child's father — who was allowed to see his son twice a week — told
police he last saw his son on Jan. 23 and that he did not notice any injuries.
The father said he became worried after Augusto refused to bring the child to his house for a scheduled
visit last Wednesday, court records said.
After her apprehension, Augusto was taken to the Dartmouth state police
barracks, where she refused to cooperate with investigators. She said
her son was with her friends but refused to say where they lived, court
records said.
After calling several people on Augusto's cell phone, Trooper Paul Gifford spoke with a woman who said
the child was with her. That led to an exchange between the woman and a relative of the child who was present at the barracks.
They arranged to meet at the corner of Arnold and Orchard streets, around
3:30 a.m. Monday. The woman warned the relative not to come with any
police, said a law enforcement source close to the investigation.
However, Gifford was inside the relative's vehicle and emerged from the car
after seeing the child. Gifford obtained the woman's information — she
was not arrested — and drove with the relative to take the child to St.
Luke's Hospital, court records said.
During the ride, Gifford and the relative realized the extent of the boy's
injuries. He was crying and complaining of pain. He was later
transferred to Children's Hospital.
Before going to sleep Monday, the child told a nurse at Children's Hospital
that he did not want to return to Garcia or his mother, court records
said.
"We're very shocked that this happened.
We're happy (the child) is safe now," a relative of the child told a
Standard-Times reporter Tuesday outside District Court.
Authorities said the investigation is ongoing and that more people could be
arrested. Additional charges could also be filed against Garcia and
Augusto after the child is further interviewed, court records indicated.http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20110202/NEWS/102020331/1018/OPINION

New Bedford man accused of beating child held

February 8, 2011

NEW BEDFORD, Mass.—A New Bedford man charged with beating a 4-year-old boy he was supposed to be caring for has been ordered held without bail.

Elvis Garcia has pleaded not guilty to assault and battery with a dangerous weapon resulting in bodily injury
and reckless endangerment of a child. He was ordered held Monday at a dangerousness hearing.
Police say the 31-year-old Garcia beat the boy with the belt over a period of
several days after being asked to look after the boy by the child's
mother. His mother is also facing charges. Authorities say the boy was
hospitalized last week with cuts and bruises all over his body.
The Standard-Times reports that defense attorneys showed a video in court
they say proves that Garcia and the boy had a loving relationship.http://www.boston.com/news/local/massachusetts/articles/2011/02/08/new_bedford_man_accused_of_beating_child_held/

Pol urges DCF boss to probe New Bedford child’s torture

Wednesday, February 9, 2011 - Updated 3 hours ago

A New Bedford lawmaker yesterday demanded Department of Children and
Families Commissioner Angelo McClain personally oversee an internal
investigation of the torture of a 4-year-old boy and share his findings
with cops and the Bristol District Attorney’s Office.
“We already know where there was human evil. I want to know where
there was human error,” state Sen. Mark C. Montigny said. “My plea to
(McClain) was, ‘You need to aggressively oversee this.’ Something went
terribly wrong here and this little boy has to pay for it for the rest
of his life. When you can’t protect a child, what’s left?”
Montigny said McClain told him DCF had been involved with the New
Bedford family since August. Calling the case “about as bad as it gets,”
the Senate Committee on Post Audit and Oversight chairman said he wants
to know if DCF ignored any red flags in the case and if all mandatory
reporters the child encountered did their jobs.

McClain has not responded to requests for comment from the Herald since last week and could not be reached yesterday.
“He wasn’t trying to hide behind the situation,” Montigny said, “but answers need to come quickly.”
The child has been at Children’s Hospital in Boston since Jan. 29 and was scheduled to undergo surgery yesterday.
The boy’s mother is being held without bail on child endangerment charges.
The mother’s friend, Elvis Garcia — who is accused of beating the
child black and blue with a belt, lacerating his bottom and punching him
in the face — also is being held.
A Bristol probate judge awarded Baby Doe’s maternal grandmother
temporary guardianship on Jan. 27 after the boy’s mother had refused
both DCF and family access to the child. DCF didn’t press the issue,
according to court documents.
“Generally, you don’t want the kid in an institution,” Montigny said,
“but this is a situation where the kid would have been better off
anywhere, and where I want answers from the commissioner is why that
determination was not made.”
New Bedford police Detective Alberto Silva said Monday that
investigators are hoping to thoroughly interview Baby Doe before
questioning DCF.
“Obviously, we’re concerned,” said state Sen. Susan Fargo
(D-Lincoln), who serves on the legislative committee for Children and
Families. “That department is the primary agency for dealing with issues
of child abuse and neglect. We’ll certainly be watching this case to
see if any additional action needs to be taken.”
http://news.bostonherald.com/news/regional/view/2011_0209pol_urges_dcf_boss_to_probe_tots_torture/

Can you please name the accused as Elvis Garcia?!! You have the DETECTIVE named as the accused...not good, as Alberto Silva is helping, NOT HURTING this little boy. ACCUSED: ELVIS GARCIA

lulava01 wrote:Can you please name the accused as Elvis Garcia?!! You have the DETECTIVE named as the accused...not good, as Alberto Silva is helping, NOT HURTING this little boy. ACCUSED: ELVIS GARCIA

---My apologies to the good detective. Something happened that transposed the suspect's name with his.
With the dozens of cases that get posted and updated each day I am happy to say this does not happen often.
Again, thanks for bringing this to our attention .