Suspect in Killing of Son Faced Prior Charge

The man accused of beating his 5-year-old son to death and burying him in a shallow forest grave had been charged with child abuse involving another of his children in 1996, according to police and court records.

But police said they can find no evidence that the case was reported to child welfare workers, who said police routinely report such cases.

Marcos Esquivel Barrera, 34, of Pacoima, who has twice been convicted of domestic abuse, was charged Wednesday with murdering his son, Ernesto Barragon, whose body was found buried in Angeles National Forest. The victim’s aunt also was charged Wednesday as an accessory to murder.

The boy had been beaten to death, most likely with bare hands, and the body showed evidence--although it was inconclusive--of repeated physical abuse, according to the Los Angeles County coroner’s office.

Det. Fred Hascher, supervisor of the major assault crimes section of the LAPD’s Foothill Division, said that in the 1996 case Barrera allegedly hit his young daughter. His intended victim was her mother, but the child was hurt when she got in the way, Hascher said. Charges of child and spousal abuse were filed by the city attorney’s office in that case. Barrera fled prosecution, and the charges were never resolved.

Hascher said that in cases in which the child was not the target of abuse, police would not necessarily involve the Los Angeles County Department of Children and Family Services.

However, county authorities said it is “protocol” for law enforcement officials to report incidents of child abuse to child welfare workers.

“The LAPD and the sheriff’s office--both those agencies have a standard practice when they’re confronted with child abuse: They cross-report to our office,” said Schuyler Sprowles, spokesman for the Department of Children and Family Services. The department has responsibility for protecting children in cases of abuse or neglect.

Sprowles emphasized that he did not know whether his agency’s records showed it was contacted by police. Sprowles said records of the case are confidential.

In the 1996 case, Barrera allegedly hit his daughter Luz Esquivel, who was then 10. She and eight other children were taken from their parents this week and are in protective custody.

Barrera also was charged at the same time in 1996 with attacking Maria Ricardo Esquivel, the aunt charged as an accessory in the boy’s killing.

Lara Bloomquist, head of the Domestic Violence unit of the Los Angeles city attorney’s office, said reports indicate that the girl tried to help when her father was hitting her mother and that “he did hit the child.” She said Barrera appeared in court the first day of trial in September 1996, but never returned. Records show the judge declared a mistrial and issued a bench warrant, but Barrera was never taken into custody.

Barrera, who previously identified himself to authorities as Marco Esquivel Barragon, was charged Wednesday with murder and with assaulting, abusing and endangering the life of his 5-year-old son. The last two charges involve the period from March 2, 1995, to March 1 this year.

The boy was assaulted and slain Saturday or Sunday, the district attorney’s office alleges. The body was discovered in a shallow grave off Lopez Canyon Road at the edge of Angeles National Forest.

The boy’s aunt, who identified herself in court Wednesday as Maria Ricardo Esquivel but had previously told authorities her name was Juana Barrera, also is accused of abusing the boy during those three years and has been charged with being an accessory to murder.

Deputy Dist. Atty. David Mintz, who filed charges against the couple, said he could not say whether the child was repeatedly abused, and could not reveal details of the allegations. He would say only that “there was at least one act of child abuse during that time.”

The autopsy found that repeated abuse might have occurred. A coroner’s report says deep bruises on the boy’s torso could have been caused by beatings over time. However, the evidence was not conclusive.

“We are unable to determine if these are old or fresh injuries,” said Scott Carrier, spokesman for the Los Angeles County coroner’s office.

He said Ernesto suffered multiple blows to the body, most likely inflicted by bare hands because the skin was not broken. The official cause of his death was multiple traumatic injuries.

The boy apparently lived in a bizarre family situation, in which his mother and his aunt both had children by his father. Seven of the children apparently lived with his mother, Petra Barrera, who has not been charged in the case. Another six lived with his aunt, the other defendant.

Petra Barrera said Tuesday that the boy’s father told her Sunday morning that Ernesto had died in his sleep, possibly of a heart attack.

Authorities discovered Marcos Barrera and some of his children burying the boy in a shallow grave Sunday.

Court documents confirmed Wednesday that Barrera had a record of domestic abuse, including arrests in 1989 and 1993.

A law enforcement source said he pleaded guilty in both cases and served four days in jail and two years of probation in the first case; he was sentenced to 30 days of community service and two years’ probation in the 1993 attack. He also completed a mandatory six-month program for batterers.

Barrera was being held in lieu of $1 million bond, and Esquivel was in custody on $500,000 bond.