Baby-Sitter Guilty of Murdering Infant : Courts: Judge rules second-degree in beating death of 9-month-old by girl who was 15 at time. Defense contends that she was mentally disabled.

A Superior Court judge convicted a 17-year-old live-in baby-sitter Wednesday of second-degree murder for beating to death a 9-month-old infant who wouldn’t stop crying.

In his ruling, Judge Theodore E. Millard said he believes that Maria de Socorro Naranjo-Saavedra had not intentionally killed 9-month-old Oscar Vargas on Jan. 2, 1992. The decision spared her a first-degree murder conviction.

However, Socorro should have known that continually beating and shaking the child would eventually lead to serious injuries and, in this case, death, Millard said.

Oscar was struck at least 23 times, according to court testimony. Nine of those blows were inflicted when his head was smashed against a crib. The infant had a number of deep bruises and fingernail gashes on his body. One of his legs was broken and his spinal cord was severed.

Socorro’s attorney, Deputy Public Defender Anthony Mesa, contended throughout the trial and during closing arguments Wednesday that because Socorro was mentally disabled, she did not comprehend the physical consequences of striking a child.

In her four weeks as a live-in baby-sitter for Rogelio and Maria Vargas, Socorro, who was 15 at the time, had never been left alone with their three children, as she was that evening, Mesa contended. When Oscar cried for several hours, she felt out of control and did not know how to quiet the infant, he said.

Socorro “can not engage in careful thoughts; she can’t weigh and consider the alternative,” Mesa said. “Because of the stress she finds herself in . . . her frustration overwhelms her and she strikes the child.”

Millard ruled that while some evidence showed that Socorro was mentally impaired, other evidence also proved that she was capable of making decisions. “The act was deliberately performed, it wasn’t accidentally done,” he said.

During Wednesday’s hearing, Socorro slumped listlessly, her feet not touching the floor, as a Spanish interpreter translated the court proceedings for her. She showed emotion only after Millard’s ruling, when she put her head on the table and sobbed.

Socorro was tried as a juvenile. She is scheduled to return to court April 21, when Millard is scheduled to sentence her to a California Youth Authority facility until her 25th birthday. She could be released on parole before then.