Arraignment is scheduled Monday for a Lancaster woman and her boyfriend who are charged with her 10-year-old son’s torture and murder.
Heather Maxine Barron, 28, and Kareem Ernesto Leiva, 32, are set to appear in a Lancaster courtroom, where they are facing one count each of murder and torture in connection with Anthony Avalos’ death.
Barron also is charged with one count of child abuse. Leiva additionally is accused with one count of assault on a child causing death.
The two are accused of torturing the boy in the days leading up to his June 21 death, according to prosecutors. They’ll be asked Monday morning how they wish to plead.
If convicted as charged, Barron could face up to 22 years to life in state prison and Leiva could face a maximum of 32 years to life in prison, according to the Los Angeles County District Attorney’s Office.
Leiva — who was interviewed last Wednesday at the Los Angeles County sheriff’s station in Lancaster — “made statements that led detectives to arrest him for the murder of Anthony Avalos,” Sheriff Jim McDonnell told reporters at a news conference.
Leiva was booked Thursday by sheriff’s deputies after being treated for an apparently self-inflicted laceration to his chest.
Barron was arrested Friday by sheriff’s deputies, according to jail records. Leiva and Barron are being held in lieu of $2 million bail.
Deputies and paramedics responded to a 911 call from Barron about 12:15 p.m. June 20 and found the boy unresponsive inside his family’s apartment.
Authorities said they were told the child had suffered injuries from a fall, but investigators quickly classified the death as “suspicious.”
Sheriff Jim McDonnell told reporters that the boy “survived through the night,” but “tragically succumbed to his injuries at 6:30 the following morning.”
At a news conference hours before the criminal charges were announced, the boy’s family, excluding his mother, demanded answers about how social workers handled the boy’s case.
Attorney Brian Claypool was joined by a handful of the child’s relatives outside the Department of Children and Family Services office in Lancaster.
“We’ve been told there were 16 reports of suspected child abuse,” Claypool said. “One of the reasons we’re here today is we want to find out: Did L.A. County DCFS go to the home on all those 16 occasions? Did they visit the home, or simply make a phone call? Then, what kind of follow-up happened?”
Last Tuesday, the Board of Supervisors approved a motion by Supervisor Kathryn Barger calling for a thorough review of why Anthony wasn’t removed from his family home, despite a dozen reports to the DCFS between 2013-16, including a substantiated allegation of sexual abuse by a grandparent when the boy was 4 years old.
“You had teachers, you had family members, you had law enforcement come in contact. And yet, Anthony’s at the morgue; we’re awaiting autopsy results,” Barger said Wednesday. “One has to wonder what it’s going to take to get the attention of not only the social workers, but the public in general, because I’m told that neighbors also were aware of what was taking place.”
“As all agencies work tirelessly to get to the bottom of what happened, each day brings to light new updates and information about Anthony’s senseless death,” according to a statement released by DCFS Director Bobby Cagle. “While we cannot comment on an ongoing criminal investigation, we are committed to cooperating with our law enforcement partners. I reiterate my deep commitment to seeing justice done on behalf of this innocent child. Our hearts go out to those that have been so deeply affected by this tragedy.”
Barger and other county officials repeatedly said that they would wait for all the facts to come in before drawing conclusions about exactly what happened to the boy. However, Barger called it a “senseless murder,” explaining that “we don’t have a conclusion, but there’s no other explanation.”
Barger noted that 8-year-old Gabriel Fernandez of Palmdale was beaten to death in 2013 by his mother’s live-in boyfriend, despite multiple calls to DCFS over a period of years. The boyfriend, Isauro Aguirre, who was reported to hate the child because he thought he was gay, was sentenced June 7 to death for the crime and the victim’s mother, Pearl Fernandez, was sentenced to life in prison without the possibility of parole. Four DCFS officials are awaiting trial on charges of child abuse and falsifying records involving the boy.
The Office of Child Protection was established to transform the child welfare system in response to that 2013 murder.
Another potential parallel was a concern that homophobia may have contributed to both boys’ abuse.
Although a possible motive in Anthony’s case remains under investigation, Cagle told City News Service that he was told Anthony said “he liked boys and girls” and that the context of the boy’s comment was not entirely clear.
At the news conference last Wednesday, sheriff’s Capt. Christopher Bergner said that homophobia “has not come up in our investigation as a motivation at this time.”