Local News in Brief : Santa Ana : Judge Reinstates Murder Charge in Baby’s Death

A Superior Court judge reinstated murder charges Tuesday against a Santa Ana couple accused of causing their 2-month-old baby’s death by keeping her near uncovered amounts of cocaine in the house.

The judge’s decision sent Debbie Delgado into tears. Her husband, Gilbert Delgado, tried to comfort her. “She hadn’t expected this,” said her attorney, Charles Margines. “It’s a tough disappointment.”

The Delgados were charged with felony child endangerment last year for the death of their 12-pound daughter, Stephanie, on Sept. 6, 1986. An autopsy showed the child had 4 to 5 milligrams of cocaine in her system.

Prosecutors later upgraded those charges to murder, based on new information from Debbie Delgado’s brother, who told police he had been at the house when the couple had quantities of cocaine near the baby bottles.

Murder charges were dismissed four months ago at a preliminary hearing, but Orange County Deputy Dist. Atty. Richard M. King appealed to have them reinstated. After a hearing last week, Superior Court Judge Jean H. Rheinheimer on Tuesday ordered the murder charges reinstated.

“We aren’t doing this to hound the Delgado couple,” King said Tuesday. “They created a dangerous environment of cocaine. And they chose to place a child in that environment, which they knew was unsafe.”

Margines said the defense may appeal the decision to the state Court of Appeal before the case is returned to Municipal Court.