The father and stepmother of a 14-month-old girl who police said was fatally tortured in Long Beach pleaded not guilty Wednesday to an amended criminal complaint that could result in a potential death sentence against the two.
The newest complaint against Alfredo Muñoz Jr., now 41, and Kelly Muñoz, 34, both of Long Beach, includes the special circumstance allegation of murder involving the infliction of torture.
The Los Angeles County District Attorney’s Office is expected to decide later whether to seek the death penalty against the two, who were charged last December with one count each of murder, torture and assault on a child causing death.
The girl’s father is also facing an allegation that he has a prior conviction from 2000 for assault with a deadly weapon.
Long Beach police said officers initially responded to a hospital last Nov. 7 due to reports of child abuse involving a toddler. Later that day, detectives were told by hospital staff that the girl was on life support and had no chance of survival, according to police.
The child died Nov. 10, police said.
“Through their continued investigation, homicide detectives determined there had been ongoing abuse to the child and the victim’s death was a result of abuse from her father and stepmother,” according to a police statement.
The pair — who were arrested Nov. 25 by Long Beach police — have remained behind bars since then.
They are due back in a Long Beach courtroom March 18. A date is scheduled to be set then for a hearing to determine whether there is enough evidence against them to allow the case to proceed to trial.
Relatives of the victim — identified by their attorney as Tilly Servin — held a news conference in downtown Los Angeles Wednesday to announce a lawsuit being filed against the county Department of Children and Family Services, alleging the agency failed to take steps to protect the child in light of the father’s criminal history.
The lawsuit alleges that after Alfredo Muñoz was released from prison, DCFS officials gave him custody of Tilly, over the objections of the girl’s mother and grandmother. The family also claims a DCFS investigator sent an email opposing custody for Muñoz and expressing concern about Tilly’s safety.
“We are here today because a child who should have been protected was not,” the girl’s grandmother, Courtney Guerrero, told reporters. “This cannot happen again. Accountability is not about revenge, it is about making sure no other family experiences this preventable loss.”
The DCFS issued a statement in response to the announced lawsuit, saying the agency was “deeply saddened to learn of the tragedy involving 14-month-old Tilly S.”
“We extend our heartfelt condolences to her family and friends,” according to the agency. “While we understand the public’s interest in children from the community who may have received supportive services from the Los Angeles County Department of Children and Family Services, state law prohibits us from commenting on our possible involvement with families. Confidentiality laws protect those who may have come into contact with our department from emotional distress and stigmatization while complex family issues are resolved.”