Murder of Anthony Avalos

 A Lancaster woman and her boyfriend have been convicted of torturing and murdering her 10-year-old son Anthony Avalos. 

On Tuesday, Judge Sam Ohta found Heather Maxine Barron, 33, and Kareem Ernesto Leiva, 37, guilty of first-degree murder and torture in the June 21, 2018, death of Anthony.
The judge determined that the allegation of murder involving the use of torture was factual. Additionally, the defendants were found guilty of two charges of child abuse relating to the victim's half-siblings, known in court as "Destiny O." and "Rafael O."

The judge stated that the defendants took pleasure in observing Anthony's pain and suffering. The judge also disclosed that Anthony was severely malnourished, dehydrated, and had sustained significant head injuries.

"The acts of knowingly preventing Anthony from access to liquids involve each defendant actively keeping Anthony's bedroom door locked for the substantial duration of the period required to cause the severe dehydration, or when Anthony was not locked in his room. For each, to vigilantly watch him or prevent him from access to liquids. The evidence adduced at trial shows both defendants Leiva and Barron at separate times independently went into Anthony's room. This meant each had to lock his door when each exited. This was clearly a purposeful and coordinated action by both the parents meeting the requirement of willfully," the judge read. 

When they are sentenced on April 25th, Leiva and Barron could be subjected to life imprisonment without the option of parole as the maximum penalty.

"Many windows of opportunity existed for Barron to show she was not involved in hurting Anthony. Before Anthony was pronounced dead at Mattel Children's Hospital at around 6:30 a.m. on June 21st, 2018. She had been to AV hospital around 12:30 p.m. on June 20th, 2018, and spoke with both hospital staff and sheriff's personnel about what happened to Anthony. Common sense indicates parents usually consider their children's lives more precious than their own, and many would risk their own lives to save the life of their child. Even if the defendant was influenced by fear of defendant Levia, which caused her to not protect Anthony in the apartment, at the point she knew Anthony was on the verge of death in the hospital and definitely did not have immediate access to hurting her. Most, if not all, reasonable parents, under those circumstances, would choose the life of the child as paramount and would have told the medical staff the truth to try and save her child," Judge Ohta read in a staggering 52-page report. 

The family of the victim testified that they had informed the Department of Children and Family Services of the abuse on multiple occasions and had wished for the couple to be sentenced to death. They expressed their appreciation to Ohta and the prosecutors, but also criticized not only Gascon but also the Department of Children and Family Services.

Despite Deputy District Attorney Jonathan Hatami's opposition, the Los Angeles County District Attorney's Office withdrew its pursuit of the death penalty against the two individuals following the appointment of District Attorney George Gascón. Gascón had issued a directive stating that "a death sentence is never a suitable outcome in any case."

Following the verdict, Hatami expressed his disappointment, stating that George Gascón had declined to meet with either him or the victim's family, and had shown no willingness to consider the evidence presented. Hatami questioned the character of someone who would behave in such a manner.

During the closing arguments, the prosecutor asserted that the two defendants were "monstrous" and "wicked," and that they should be held accountable for the torture and killing of the 10-year-old boy. The defense attorneys for Barron and Leiva, on the other hand, argued that their clients should be acquitted of the most severe accusations.

"I do believe that you will see this was intentional murder by torture," Hatami told the judge.

The prosecutor pointed out that the defendants had attempted to shift the blame for the boy's injuries onto Anthony himself by alleging that he had thrown himself on the ground and had refused to eat, but evidence had revealed that these claims were untrue. It had been discovered that the boy had suffered from blunt force trauma up to three weeks before his death.

Hatami informed the judge that the prosecution's position was that the boy had perished due to a combination of factors, including starvation, dehydration, blunt force trauma, persistent child abuse, torture, and neglect to seek medical care.

During the trial, Doctor Wong had testified that Anthony had sustained injuries that were indicative of being forced to kneel on uncooked rice, being slammed or pushed into the corner of a room, and being struck with a cord causing whip-like marks. The doctor also discovered burn marks on the boy's body.

According to the judge, the dependents failed to help or care for Anthony. 

The deputy district attorney affirmed that the prosecution firmly believed that "both of these defendants are inherently wicked," and that both individuals had histories of abuse prior to their relationship.

"Together, they were deadly," Hatami told the judge, explaining that Barron was the one who "came up with many of these torture techniques" and that she chose Leiva to act as the enforcer for the discipline used on the boy and two of his half-siblings.

"They're bad, bad, evil people. ... They're nothing short of monsters for what they did," Hatami said.

The prosecutor provided extensive evidence of the multitude of torturous acts that Anthony had endured at the hands of both defendants, which included being subjected to frequent beatings with belts and cords.

The prosecutor, along with his colleague Saeed Teymouri, argued that Barron and Leiva's motives for calling 911 on June 20, 2018, were not to save Anthony's life but to protect themselves. The boy had been left on the floor of Barron's home for nearly two days following two weeks of abuse, and Barron had hidden Leiva's role in the ordeal. Additionally, Barron had coached Anthony's two half-siblings on what to say to authorities.

Heather Maxine Barron (left) and Kareem Ernesto Leiva (right) 2019. (Photos by Irfan Khan/Los Angeles Times via Getty Images)

The prosecutor also noted that previous reports of abuse by the children had been dismissed or disregarded.
"She wasn't suffering from intimate partner violence. She was covering up," the prosecutor said of Barron being questioned following a September 2015 call that was made to a child abuse hotline in which alleged abuse was reported.

According to the prosecutor, Barron had seven children within eight years for the purpose of receiving government benefits. On the other hand, one of Barron's attorneys, Nancy Sperber, claimed that her client was a victim of battered woman syndrome and that Leiva had taken responsibility for all violent acts against Anthony.

Sperber argued that Barron was unable to prevent the abuse and did not have the power to say no to Leiva. She also alleged that Barron was a victim of a "cycle of abuse" that began with her alleged abuse as a child by her stepfather.

Sperber further claimed that Leiva was responsible for discipline in the house and that he made the children fight each other when Barron was not home.

However, Barron's attorney agreed with the prosecutor's characterization of Leiva as "evil."

According to Sperber, Leiva survived his own attempt to slit his throat because he is "so evil" that even the devil didn't want him. She said that in his interview with Los Angeles County sheriff's detectives, Leiva admitted to brutalizing Anthony and confessed to every act of violence and torture.

Sperber also explained that Leiva was in charge of discipline in the house and forced the children to fight each other when they were left in his care while Barron was not at home.

Regarding Barron's role in the abuse, Sperber argued that Barron was a victim of a "cycle of abuse" that began when she was repeatedly abused as a child by her stepfather. Sperber claimed that Barron didn't have the power to prevent the abuse and was a victim of Leiva's violent behavior. She also stated that Barron's initial statements to investigators were a symptom of battered woman syndrome and not an intent to kill.
Barron's lawyer challenged the prosecution's claim that the defendants had carefully planned the abuse, saying that they lacked the capability to do so.

The prosecutor, however, argued in response that the defendants had shown enough sophistication to deceive law enforcement and the Department of Children and Family Services for several years.

Leiva's attorney, Dan Chambers, acknowledged in his closing argument that the case involved extreme and unjustified behavior, but he argued that there was no intent to kill.

Chambers claimed that there was "reasonable doubt" regarding the cause of Anthony's death and whether there was an intent to kill.

The defense attorney argued that the testimony of two of Anthony's younger half-siblings and one of Leiva's daughters, who said they saw Leiva repeatedly dropping Anthony, along with the medical evidence, will create reasonable doubt on the issue of intent to kill. He also pointed out that the children initially denied any knowledge of wrongdoing and only changed their accounts after speaking with the police.

"Sometimes kids are just wrong. It's not a matter of lying," he told the judge.

An 18-year-old daughter of Leiva testified that she had witnessed her father dropping Anthony on the floor multiple times, and when she saw the boy two days later, he appeared to be dead.

Barron and Leiva were accused of Anthony's murder in June 2018 and were later indicted by a grand jury in Los Angeles County in October 2018. They are currently in custody without the possibility of bail.
The Los Angeles County Board of Supervisors granted a $32 million settlement in October to the relatives of the boy, who had filed a lawsuit against the county's Department of Children and Family Services. The suit claimed that several social workers did not adequately respond to reports of abuse of Anthony and his siblings. Two of the boy's relatives testified last week.
Source: foxla.com