D.A. Appeals Dismissal of Case in Baby’s Death

The district attorney’s office is appealing a Municipal Court judge’s dismissal of murder charges against a Costa Mesa couple whose 2-month-old baby died of a cocaine overdose two years ago.

Deputy Dist. Atty. Richard M. King said he has asked that a Superior Court judge hear his argument on Sept. 2.

Municipal Judge James P. Gray dismissed second-degree murder charges against Gilbert and Debbie Delgado on July 25, ruling that evidence presented during a preliminary hearing was insufficient to show “implied malice” by the Delgados.

But King said that Gray had erred and that the district attorney’s office wanted the Superior Court, which hears appeals of Municipal Court rulings, “to look at the entire case.”

“We feel that there is sufficient evidence for a murder charge under the ‘implied malice’ law,” King said.

Ron Brower, attorney for Debbie Delgado, said the defense will not file a response to King’s appeal.

“It’s our position that they shouldn’t have filed (the appeal). To respond could be misconstrued as agreeing to participate (in further court action),” Brower said.

Gilbert Delgado, 25, and his wife, 22, were charged with murder in the death of their daughter, Stephanie, on Sept. 11, 1986. Originally, the infant’s death was listed as sudden infant death syndrome. However, tests later revealed that the baby died of an overdose of cocaine.

The Delgados were the first parents in Orange County to be charged with murder in a drug-overdose death of a child.

Although the murder charges were dismissed, the couple still faces trial Sept. 27 on two counts of child endangerment, one relating to the death of Stephanie Delgado. The second count accuses the Delgados of using and selling drugs around their infant son, Gilbert Jr., who is no longer in their custody. In connection with those charges, the Delgados are also accused of possessing large quantities of marijuana and cocaine found in their apartment when they were arrested in their daughter’s death.