GILBERT DOMINGUEZ - 3 yo (2008) - Santa Maria CA

A Santa Maria woman accused of drowning her 3-year-old foster
son because she was upset at the toddler for urinating on himself
pleaded guilty Wednesday to second-degree murder.
Sylvia Dominguez, 30, was set to go to trial in February for the
assault and murder of Gilbert Dominguez in June 2008, but decided
instead to plead guilty to lesser charges in a deal with prosecutors.
Her longtime boyfriend, Gabriel Peralta, 34, of Santa Maria, was
scheduled to stand trial for murder and assault along with
Dominguez because prosecutors alleged he allowed Dominguez to abuse Gilbert.
Both defendants appeared before Santa Barbara County Superior Court
Judge Edward Bullard in Santa Maria on Wednesday, at which time
Dominguez pleaded guilty to second-degree murder and Peralta
pleaded guilty to felony child abuse and admitted an allegation he
caused great bodily injury to a child under 5.
When the pair return to court for sentencing Jan. 27, Dominguez
will receive a term of 15 years to life in prison, and Peralta will
be sentenced to 12 years in prison, of which he must serve 85
percent before he is eligible for parole.
Dominguez must serve 15 years in prison before she is eligible for
parole. If and when she is released from prison, Dominguez will
remain on parole for the rest of her life.
Dominguez and Peralta share three biological children.
Dominguez killed Gilbert, who was her sister's biological child, June 11, 2008.
The prosecution presented evidence at an earlier hearing that
Dominguez, upset with Gilbert for urinating on himself, drowned him with bathtub water.
Santa Maria police Officer Andy Magallon testified that Peralta
admitted he had “crossed the line” before while disciplining
Gilbert, and that he did not call 9-1-1 when Dominguez told him
over the phone that Gilbert wasn't breathing.
Dominguez told police at the time that Gilbert wasn't breathing
possibly because he choked on peanut butter.
Chief Deputy District Attorney Stephen Foley, the case prosecutor,
said by e-mail Wednesday, after the hearing, that the District
Attorney’s Office is pleased Dominguez took responsibility for killing Gilbert.
“While the evidence gathered by the Santa Maria Police Department
clearly pointed to her guilt, her plea of guilty today resolved any
doubt about the outcome of her trial,” he said.
Foley said that although Peralta was not present when Dominguez
murdered Gilbert, he allowed her to hurt the child and should have protected him.
“Although his culpability is less than Ms. Dominguez’s, he was
still held accountable for his role in Gilbert’s death,” Foley said.
Foley said he is grateful for the work of Santa Maria police in the case.
“They were committed to achieving justice for Gilbert, and today
their efforts were rewarded,” he added.
Peralta’s attorney, Tom Allen, declined to comment on his client’s
plea, and Dominguez’s attorney, Senior Deputy Public Defender David
Ogren, could not be reached by phone after the hearing.

Sentencing is set to go ahead as planned next week for a Santa
Maria woman who murdered her 3-year-old foster son, after a
Superior Court judge denied her request for a new attorney.
Sylvia Dominguez, 30, and her attorney, Senior Deputy Public
Defender David Ogren, took part Friday in a closed hearing with
Judge Edward Bullard in which they apparently discussed Dominguez’s
concerns over her legal representation.
When a defendant indicates he or she wants a new lawyer, the
judge must hold a “Marsden hearing” if the attorney is
court-appointed. A hearing on a Marsden motion is what transpired Friday.
In order to obtain new counsel, the defendant must show that
representation is inadequate or that defendant and counsel have
become embroiled in an irreconcilable conflict that makes
ineffective representation likely.
Ogren remains Dominguez’s attorney, according to Chief Deputy
District Attorney Stephen Foley, the case prosecutor, and the
sentencing hearing for Dominguez and her co-defendant is still
slated for Thursday.
Ogren could not be reached.
Dominguez pleaded guilty last month to second-degree murder in
the death of 3-year-old Gilbert Dominguez, her nephew and foster son, in June 2008.
Her long-term boyfriend, 34-year-old Gabriel Peralta of Santa
Maria, pleaded guilty to felony child abuse and admitted an
allegation he caused great bodily injury to a child under 5.
Dominguez is facing a term of 15 years to life in prison, and
Peralta is expected to get 12 years in prison.
The pair share three biological children.
The prosecution has presented evidence that Dominguez, after
becoming angry with Gilbert, drowned him with bathtub water on June 11, 2008.
Santa Maria police Officer Andy Magallon testified at a prior
hearing that Peralta admitted he had “crossed the line” before
while disciplining Gilbert, and that he did not call 9-1-1 when
Dominguez told him over the phone that Gilbert wasn't breathing.
Dominguez told police at the time that Gilbert wasn't breathing
possibly because he choked on peanut butter.

Family of a 3-year-old murder victim didn’t make any statements
on the boy’s behalf before the court Friday during the sentencing
hearings for the two people responsible for the killing.
Sylvia Dominguez and Gabriel Peralta of Santa Maria, who were
convicted for their involvement in the drowning death of Gilbert
Dominguez, were sentenced to 15 years to life and 12 years in state prison, respectively.
Chief Deputy District Attorney Stephen Foley said that while the
absence of victim-impact statements was a tragedy, “one should not
feel as if no one speaks for Gilbert because that’s clearly not the case.”
Through their hard work on the case, the Probation Department
and the Santa Maria Police Department have spoken for Gilbert, he
said, along with the people of California who attained a life
sentence for Sylvia Dominguez.
“We recommend that in the years and decades to come, she not get parole,” Foley added.
Dominguez, 30, and Peralta, 34, were sentenced separately Friday
in Santa Maria by Superior Court Judge Edward Bullard.
Dominguez pleaded guilty in December to second-degree murder in
the death of 3-year-old Gilbert, her nephew and foster son, in June 2008.
Peralta, her long-term boyfriend, pleaded guilty to felony child
abuse and admitted an allegation he caused great bodily injury to a child under 5.
The sentences Dominguez and Peralta received were negotiated as
part of the plea agreement.
Dominguez must serve all 15 years in prison before she is
eligible for parole, with the exception of credits earned for time
spent in jail on the case. Peralta will be eligible for parole
after he serves 85 percent of his 12-year sentence.
Peralta and Dominguez share three biological children, who have
been adopted by Peralta’s family members.
The District Attorney’s Office has presented evidence that
Dominguez, after becoming angry with Gilbert, drowned him with
bathtub water June 11, 2008.
Santa Maria police Officer Andy Magallon testified at a prior
hearing that Peralta admitted he had “crossed the line” before
while disciplining Gilbert, and that he did not call 9-1-1 when
Dominguez told him over the phone that Gilbert wasn't breathing.
Dominguez told police at the time that Gilbert wasn't breathing
possibly because he choked on peanut butter.
Dominguez requested in court Friday through her attorney, Senior
Deputy Public Defender David Ogren, that the sentencing be pushed
back to allow her time to add some letters to the Probation Department’s report.
Bullard denied her request, but asked that the report not be
sent to prison before Feb. 15 so Dominguez has time to make her additions.
Foley said during Dominguez’s sentencing hearing, which happened
just before Peralta’s, that Peralta had expressed remorse for his
crime but Dominguez had not. Dominguez sat solemnly throughout the proceeding.
Foley quoted Peralta as having said, “I still think about that
day and I wish I would have done more.”
Gilbert’s body was covered in bruises and cuts and part of his lip was torn, Foley said.
“She had to use a lot of force in order to kill her 3-year-old
nephew,” he added, noting that the boy’s last moments must have been terrifying.
Ogren said Dominguez has essentially no prior criminal
background and doesn’t need to die in prison.
“She did enter her plea in this matter,” Ogren said. “That was
her way of taking responsibility.”
Before handing down the sentence to Dominguez, Bullard said,
“It’s a tragedy when we have a child whose body is battered to this
point and then drowned.
“I do hope someday Ms. Dominguez will show true remorse.”

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