Homicide Count Added on Mother in Boy’s Death

Charges against a 35-year-old Sylmar woman were expanded Wednesday to include involuntary manslaughter in the Dec. 18 beating death of her 3-year-old son.

Ironically, the manslaughter charge was added after a defense attorney questioned the appropriateness of the child-abuse charge that had been filed against the defendant, Debra Meyer.

After nine days of testimony in a preliminary hearing in Van Nuys Municipal Court, Meyer’s attorney, Robert Allan Zeller, told the judge that he was “distressed” that some form of homicide had not been charged in the Dec. 18 beating death of the child, Joey Phelps.

“This case is either some kind of homicide or is nothing,” Zeller argued in court Wednesday.

In response, Deputy Dist. Atty. Rebecca G. Omens said she would “put Mr. Zeller’s mind to rest” by adding an involuntary manslaughter charge to the complaint.

Judge Terry Smerling ruled that there was sufficient evidence to support the homicide allegation, and ordered Meyer to stand trial on one count of involuntary manslaughter and two counts of felony child abuse.

‘Asked for That’

“You practically asked for that,” Smerling told the defense attorney.

Outside the courtroom, Zeller explained his actions by saying that he believes that his client is innocent and that the prosecution should bring homicide charges against Meyer’s co-defendant and former boyfriend, Andre Avila.

Both Meyer and Avila, 33, of Sylmar were in Meyer’s apartment the night of Joey’s death. Avila has been charged with felony child abuse and faces a preliminary hearing Feb. 26 in Smerling’s court.

“Somebody beat that child to death,” Zeller said outside the courtroom. “If the only way I can get Mr. Avila charged with homicide is to get my client charged with homicide, then so be it.”

“As a mother, she seeks justice for having lost a child out of this,” Zeller said of Meyer. “We can let a jury decide who did it.”

Although admitting to police that they were in the apartment with the child about the time he is believed to have been killed, both Meyer and Avila deny having heard or seen any evidence that Joey was being harmed.

No Direct Knowledge

Prosecutors acknowledge that they have no direct evidence as to who inflicted the fatal blows. Omens said she proceeded with the child-abuse charges on the theory that, regardless of who beat Joey, each of the defendants had to have known of and permitted the attack.

One count of child abuse stems from bruises and other injuries that witnesses said they noticed on Joey from Sept. 13 through Dec. 17, whereas the other relates to the final act that caused his death, the prosecutor said.

Omens said she would investigate further before deciding whether there is sufficient evidence to add a count of involuntary manslaughter to the charges against Avila.

The two defendants have told conflicting stories of what transpired the night of Joey’s death, investigators said.

Meyer testified on her own behalf at the preliminary hearing that she arrived home from work about 1 a.m. on Dec. 18, took a shower and later was confronted by Avila, carrying the dead child in his arms.

Avila told police that he went to a store after Meyer came home from work and that, when he returned, Meyer approached him with the lifeless toddler in her arms, investigators said.

Taken to Hospital

The two took the child to Holy Cross Hospital in Mission Hills, where he was declared dead on arrival at 1:56 a.m.

A neighbor recalled hearing “loud, violent” noises emanating from Meyer’s apartment, beginning about 12:55 p.m. Dec. 18, and continuing sporadically until 3 a.m. Shortly after the noises began, a child cried briefly, the neighbor said.

Police say that, based on the neighbor’s testimony, they believe that the boy was killed after Meyer arrived home from work at 1 a.m. But the defense attorney asserts that the fatal blows were inflicted before then, while Avila was alone with Joey.

Zeller said no other neighbors heard noises, and the prosecution has offered no explanation for the testimony that the sounds continued long past the time Meyer and Avila had left for the hospital.

“Maybe Miss Meyer can’t explain any of those noises because they didn’t occur in her apartment,” Zeller told the judge.

But, in arguing that Meyer is culpable, Omens cited her testimony that she did not learn how Joey died until Dec. 20, when an officer volunteered the information to her. Omens said it was curious that Meyer went three days without inquiring.

“Not once does she ask, ‘How did my baby die?’ ” the prosecutor said. “She doesn’t ask because she knows. She participated. She inflicted those injuries on her child.”

Meyer is scheduled to be arraigned March 4 in Van Nuys Superior Court.