GUILLERMO ALVAREZ - 2 yo (2009)/ Convicted: Joshuae Robert Preston - Bakersfield CA

An investigation has obtained disturbing documents from the Kern
County Department of Human Services. The documents show that a
2-year-old boy, who was murdered in June, was likely in danger as far
back as 2007.

Guillermo Alvarez died June 22nd from blunt
force trauma, but the records showing neglect go back to 2007.  "In
2007 the case came to our attention because there were some allegations
against the mom in terms of her ability to care for the child. And
those allegations involved drug use and prostitution." said Pat
Cheadle, the Kern County Department of Human Services Director.  CPS
investigated and found not only was Gina Serna using meth, she wasn't
sufficiently protecting her kids.

Authorities say because of
that, the kids were taken away and given to their maternal grandmother.
"When that happens, under regulations, our department steps out of the
lives of that family," said Cheadle.  "If there are no more referrals,
CPS officials don't monitor the family. And in this case that meant,
sooner or later the children, including Guillermo Alvarez, were back in
the care of their mother. Grandmother at some point made a decision
that mom was okay."

More than a year later, CPS received
another report that the kids were in danger.  CPS workers discovered
the home where the kids were living had no power. That's when a "risk
assessment" form was completed, showing the risk for the children as
high and recommending a new case be launched. But the family couldn't
be found right away.

The social worker did eventually locate
Serna and her children. They came in for an interview and CPS
determined the kids weren't in danger. However officials say the case
shouldn't have stopped there.  The family's current home should have
been inspected, but because of error on the part of the social worker,
it wasn't.  The referral was also mistakenly logged as unsubstantiated.


"We have many referrals with many families that we
substantiate, but the children don't leave the home," said Department
of Human Services Assistant Director Bethany Christman.  If the
referral had been marked as substantiated or the social worker had
checked the home, CPS officials say the kids wouldn't have necessarily
been taken away, but they would have been monitored more closely.
"There would have certainly been an offering of some sort of services.
Whether that would have been voluntary services or DR services, there
certainly would have been an offer," said Christman.  And maybe, just
maybe, 2 year-old Guillermo Alvarez would be alive today.

Serna's
live-in boyfriend at the time of the murder, Joshuae Preston, was
arrested for Guillermo's murder, but was recently released and charges
dropped.

Gina Serna's family was referred to Kern County Child Protective
Services at least three times on charges of neglect before her son
Guillermo Alvarez died in June, his body battered and his spleen
ruptured by physical abuse.
Now Serna says she is struggling to build a stable life for her four remaining children.
And Child Protective Services is struggling to understand
Guillermo's death and gaps in the service he and his four siblings
received from their social worker.
Reports released by the Kern County Department of Human Services
this week under new requirements of Senate Bill 39 give a glimpse into
how CPS handles cases like Serna's.
Department Director Pat Cheadle said mistakes were made during a
January investigation into allegations of neglect reported against
Serna.
The social worker assigned to the case confirmed neglect, Cheadle
said, and confirmed that Serna had removed the children from the
situation.
But Cheadle said the social worker should have visited the family's
new home on Tangerine Street, should have followed procedures for
drug-testing Serna and should have labeled the child neglect case
against Serna "substantiated" rather than giving it the less serious
"inconclusive" label, Cheadle said.
The worker failed to do those three things, she said.
"I have to say that we should have gone out in January and assured
that that home was appropriate. Services could have been warranted,"
Cheadle said.
Would Guillermo still be alive if the home had been checked? There is no way to know, Cheadle said.
The reports released by CPS this week show only two referrals --
because the agency may only release information about referrals tied to
Guillermo, not Serna's other children.
Serna said there was another case, before Guillermo was born, when
she couldn't pay a power bill. Her power was cut and CPS was called.
Her children were taken away once before, in October 2007.
At that time social workers confirmed that Serna was using
methamphetamine regularly and leaving her children with friends and
family members for extended periods of time without telling people how
to contact her. That neglect was enough to remove the five children
from their mother's care.
Allegations that she was a prostitute in 2007 were not verified in reports released this week.
"I never was a prostitute," Serna said.
But Serna said she was struggling with drugs and couldn't care for her children.
"Since I wasn't stable, I left them with a lady," she said.
The children were eventually released to Serna's mother. Child
Protective Services closed its case and ended contacts with the family
-- something Cheadle said the agency was required to do by law.
Serna's mother later returned her children to her.
Serna said that since 2007 she's stopped taking drugs, gotten a job and tried to get her life on the right track.
Cheadle said her department had no indication there was potential for the situation on Tangerine Street to turn deadly.
Social workers, she said, never found any evidence that Serna's
children were at risk for the kind of violent physical abuse that
killed Guillermo.
Exactly what happened in late June is still not clear from the reports released this week.
Kern County Sheriff's deputies and prosecutors have accused Serna's then-boyfriend, Joshuae Preston, 28, of killing the child.
Preston was charged with the crime, but charges were dropped on Aug. 21 and he was released.
Deputy District Attorney David Zulfa said last week he expects the charges to be filed again at a later date.
In the meantime, Serna's four remaining children are still in county
custody. She must work to earn the right to care for them again.
"Mom is supposed to protect the children and it would appear, at the
time (in June), that the mother had left the children with a caregiver
who was not appropriate," Cheadle said.
Serna said she's focused on the future.
"I'm still working. I've got another house," she said. "I have food
in my house. As soon as I have my have my kids back I'm going back to
school."
She tries not to focus on the public spotlight her son's death has cast on her private life.
"I messed up in the past. The best thing I can do is move forward," she said.

Family calls for justice for child who would have been 3

Story Created: May 24, 2010 at 6:41 PM PDT

Story Updated: May 26, 2010 at 10:13 AM PDT

BAKERSFIELD, Calif. -- A family held a painful birthday celebration for a child who would have been 3 years old, and they want to know why no one is currently charged in the toddler's death.

Guillermo Alvarez would have turned 3 on Monday. He died last June after the mother's boyfriend reported him not responsive.

Monday, the family held a remembrance at Guillermo's grave.

"It's been hard, I've been crying all day," Gina Serna told Eyewitness News. She had picked up a birthday cake complete with "Thomas the Train" on top. They took white balloons to Greenlawn Cemetery, and released them in Guillermo's memory.

"It hurts that my son's dead, and nobody's in jail," Serna said. "Nobody at all."

Joshua Preston was arrested in connection with the child's death last year. But court records show charges, including first degree murder, were dismissed in August.

Investigation reports show Preston was alone with Serna's five children the morning of June 22. Preston told investigators he checked on the sleeping kids, and noticed Guillermo was unresponsive. Preston called 911, when emergency crews got the child to the hospital, doctors reported he had bruising on his jaw, collar bone area and stomach. The child also had some injuries to his genital areas.

The mother said she was also told Guillermo had a ruptured spleen. She is convinced Preston is responsible for the fatal injuries.

"It was him, it was Josh," Serna said Monday. The mother said Preston had taken care of her five children for four or five months at that point when she was at work or school. Serna said she had seen some bruises on Guillermo, but Preston always had an explanation.

When officers questioned Preston, he told them the child might have been bruised rough-housing with the other children, or falling off a trampoline.

Serna said Guillermo seemed like he might have the flu, the night before. He complained about a stomach ache, and she had given him some Tylenol.

But, nearly a year later, she's frustrated about the case and the work being done by the Kern County District Attorney's office.

"Last I heard, they didn't have enough evidence to convict anyone on," Serna said. "They need a time line."

Deputy District Attorney David Zulfa said his office needs detailed evidence in a case like this, and it takes time.

"We need this time in order to get it right," Zulfa told Eyewitness News on Monday.

Zulfa said some evidence was sent to Stanford for analysis.

"Sometimes you want to just be able to take it to that next level of expertise," Zulfa said. "And that's what we were able to do in this case."

Eyewitness News asked if Preston is still being considered a suspect.

"The person that was previously in custody in the matter is suspect in the case," Zulfa responded. He said investigators needed to look at different areas in the case to "eliminate possible suspects" and to focus on who might have done this to the child.

Serna said her other four children were removed from her custody after Guillermo died, and she just got them back in March. The mother said her children had been removed a few years before that.

"That was by my mother because I was going down the wrong direction," Serna said -- saying she had just gotten herself on the right track when Guillermo died.

She now thinks Preston was jealous of Guillermo.

"Josh would always say that I paid more attention to my baby that I did to my other kids." Serna said. She said she hasn't seen Preston since this happened, and would have nothing to say to him now.

Serna wants something to happen on the case soon.

"I'm very frustrated, irritated that nothing's been done yet," the mother said. "I just wish they'd hurry and bring justice for my son."

Zulfa said the case is still being investigated.

"The investigation is on-going, and it has moved in a positive direction, getting closer to our deciding how to proceed."

Zulfa said he hoped that would be "sooner rather than later," but he couldn't say when.
http://www.bakersfieldnow.com/news/investigations/94790399.html

The Kern County Sheriff’s Office said that the man wanted in connection with the beating death of his ex-girlfriend's child was arrested Tuesday afternoon.


Deputies said that 29-year-old Joshuae Preston had an outstanding warrant for his arrest charging him with one count of murder and one count of felony child abuse.At about 1:15 p.m. on Tuesday, deputies said they located Preston walking in the area of Norris Road and Victor Street in northwest Bakersfield.
Preston was wanted in connection with the killing death of Guillermo Alvarez, and a warrant had been issued for his arrest.Preston was detained and arrested without incident.He was booked into the Kern County Jail Central Receiving Facility on the outstanding warrant. His bail has been set at $2 million.

Previous Story - - -

A new arrest warrant has been issued for a man accused 18 months ago of murdering his girlfriend's son.

Charges against Joshuae Robert Preston were dropped in June 2009.

Now, they've been re-filed and deputies are looking for Preston.

In an exclusive interview last year, Preston maintained his innocence. "Sex abuse, that's just sick. I would never do that to Guillermo. I would never hurt that baby, never hurt that baby," said Josh Preston in an interview in June 2009.

Now, detectives say they have collected new evidence and have renewed the murder charge and added a count of felony child abuse.

The Sheriff's Department reported in 2009 that the child, Guillermo Alvarez, had bruises all over his body. Detectives said the boy had cuts to his genitals and died of blunt force trauma.

"The case has been an ongoing investigation for the last year and a half. The D.A.'s office was able to obtain additional evidence throughout the investigation which led them to believe there is probable cause to arrest Mr. Preston," said Ray Pruitt with the Kern County Sheriff's Department.

"There were additional tests done on Guillermo Alvarez at Stanford and we used that information with other information in this case," said Kern County Deputy District Attorney David Zulfa.

Preston is believed to be driving a 1991 Mercedes 4-door sedan, California license plate 3PAX050.

Anyone with information on his whereabouts is asked to call the Kern County Sheriff's Department at 861-3110.

Hearing Date/Time	Hearing Location	Div/Dept	Hearing Type
08/12/2011, 09:00AM	Metro Division - 1415 Truxtun	RH	READINESS
08/22/2011, 09:00AM	Metro Division - 1415 Truxtun	01	JURY TRIAL

http://www.co.kern.ca.us/courts/crimcal/crim_index_case_detail.asp

10/14/2011, 09:00AM Metro Division - 1415 Truxtun RH READINESS
10/24/2011, 09:00AM Metro Division - 1415 Truxtun 01 JURY TRIAL

http://www.co.kern.ca.us/courts/crimcal/crim_index_case_detail.asp

02/14/2012, 09:00AM Metro Division - 1415 Truxtun 01 JURY TRIAL

http://www.co.kern.ca.us/courts/crimcal/crim_index_case_detail.asp

Man sentenced for killing toddler is set free
Joshuae Preston out of jail

By Carlos Correa
10:22 PM, Jun 20, 2013
11:21 PM, Jun 20, 2013

BAKERSFIELD, Calif. - The man accused of killing a Bakersfield baby three years ago is now out of jail.

Joshuae Preston was sentenced to state prison and today found himself a free man.

It was an emotional day in court for relatives of Guillermo Alvarez who died four years ago while under the care of his mother's then-boyfriend.

It's been a painful few years for Guillermo Alvarez's family. Since his death, relatives have visited his gravesite every year on his birthday and now the man accused of killing Alvarez is out of jail.

"The family is devastated. This doesn't change the fact that their two year son was killed, this doesn't bring him back. It doesn't replace the lifetime not going to be able to share," said David Zulfa, Deputy District Attorney, County of Kern.

Preston was arrested and charged for the death. According to investigators, Alvarez was found not breathing while under Preston's care and an autopsy later showed the toddler died as a result of trauma.

"The reality is there were a number of issues related to the facts that of this case including significant trauma to this child to draw any conclusion as to the ultimate cause of death I think ignores what the jury did," he said.

Preston was released for time already served. His lawyers say he spent the last three years in state prison.

"The death of Guillermo Alvarez is a tragedy, but that death was due to a disease and that was shown in court," said Paul Derek Cadman, Deputy Public Defender.

Lawyers say Preston loved Alvarez like a father and would never hurt him.

"The Preston family is very, very pleased that Joshua is coming home to his other children. Josh has essentially never been in trouble before in his whole life. Joshua called 9-1-1 at the first sign of trouble and gave CPR to this little boy, but this little boy died of a disease called D.I.C. which is a blood disorder," he said.

23abc reached out to Alvarez's family, but they declined an on-camera interview saying "Preston will be able to hold his children, something we won't be able to do ever again."

Even though he is no longer in jail, attorneys say Joshua Preston will be on parole for the next four years.

http://www.turnto23.com/news/local-news/man-sentenced-for-killing-toddler-is-set-free-062013

Defendant sentenced to time served in connection with toddler's death

Thursday, Jun 20 2013 09:29 AM
BY JASON KOTOWSKI, Californian staff writer

A defendant once charged with second-degree murder was sentenced to time served Thursday for voluntary manslaughter in the death of a 2-year-old boy.

Joshuae Robert Preston shook the hand of his attorney, Deputy Public Defender Paul Cadman, following sentencing in Department 1 of Kern County Superior Court. Preston will soon be a free man for the first time since December 2010....

http://www.bakersfieldcalifornian.com/local/x1028020243/Defendants-sentenced-to-time-served-in-connection-with-toddlers-death