BENJAMIN MIRON - 2 yo/ Accused: Mother's boyfriend; Juan Lopez - Yakima WA

Judge: Sunnyside toddler murder trial will not be pushed back

By Michael Spears
Published: Feb 28, 2013 at 6:33 PM PST

YAKIMA, Wash. -- Tension boiled over in a Yakima County courtroom Thursday as lawyers for a man accused of killing his girlfriend's son fought to postpone his pending murder trial.

"I just said I denied it, Mr. Swan," said Honorable Ruth Reukauf. "But, let me make it clear if I didn't make it clear; I am denying it."

Judge Reukauf's decision means Juan Lopez's trial on second-degree murder will begin next week.

He's accused of killing his girlfriend's 2-year-old son while babysitting back in 2010.

Prosecutors say he punched Benjamin Miron so hard that the boy died from it.

Detectives say Lopez admitted hitting him in the stomach twice out of frustration.

"We saw police cars all over here," said Valentin Castillo, a neighbor who spoke with KIMA back in 2010. "We were kind of wondering what was going on until we heard that, you know the little boy had died."

Lopez's lawyer argued he's not ready to argue the case before a jury after only recently getting new evidence from prosecutors.

"Quite frankly, I really feel like I'm being sand-bagged by the state on this," said Lopez's defense attorney Jeff Swan.

The new information in question would be testimony from a young witness who was only four years old when the boy died. She's expected to take the stand.

"I believe the interviews were provided to him," said prosecutor Patti Powers.

Lopez's attorney said there was an unwritten agreement that the case wouldn't go to trial until April.

"We're concerned he's not going to get his best chance at a trial," said Swan.

The judge made it clear the trail will start next week.

KIMA was unable to reach the boy's mother. The mother's other children were removed from the home following the death.

There's no word yet if she ever regained custody. Jury selection is expected to begin Monday.

http://www.kimatv.com/home/video/Sunnyside-toddler-murder-trial-moves-forward-despite-disagreement-194087631.html

Moving to "over one year".

Sunnyside man gets 6 1/2 years for toddler’s death

POSTED ON APRIL 25, 2013

YAKIMA, Wash. — A Sunnyside man was sentenced Wednesday to 6½ years in prison for the death of a 2-year-old boy left in his care.

Juan Balverde Lopez, now 21, was 18 when he was accused of fatally injuring Benjamin Miron while baby-sitting the boy and two older siblings the night of Aug. 24, 2010. Their mother, Balverde’s then-girlfriend, was in the hospital for gallstones.

Balverde was convicted of second-degree manslaughter after jurors in Yakima County Superior Court rejected charges of second-degree murder and first-degree manslaughter.

The total sentence of 79 months imposed by Judge Ruth Reukauf included the maximum standard sentence for second-degree manslaughter of 27 months, plus aggravating factors that allowed Reukauf to tack on extra time not to exceed 10 years. The aggravating factors, as found by the jury, were abuse of trust and the child’s vulnerability.

Reukauf, who presided over the trial last month, said it was clear from testimony that Benjamin’s death was not intentional and that she believed Balverde truly regretted what happened.

Evidence at trial suggested Balverde struck the boy in the abdomen at least twice in frustration when he wouldn’t go to sleep, then failed to seek medical help when the boy began complaining of stomach pain.

read more:
http://www.yakimaherald.com/photosandvideos/latestphotos/1076237-8/sunnyside-man-gets-6-12-years-for-toddlers

6 and a half years is a joke.  Why do so many judges think a child's life has no value?