Death to Be Sought in Killing of Toddler

An Orange County prosecutor said Friday she will seek the death penalty against a man who allegedly tortured and murdered a 20-month-old Santa Ana boy.

Deputy Dist. Atty. Elizabeth Henderson disclosed her plans during the Superior Court arraignment of Trent Stephen Fouts, 34.

He is charged with first-degree murder in the death of Joshua Troy Massengill, and the special-circumstance allegations of murder during sexual and torture assaults.

The body of the toddler, whose face, arms and abdomen were burned, was found propped against a convalescent hospital wall on Jan. 10, 1997. Authorities said the boy appeared to have been killed by a blow to the head.

Fouts remained at large until the case was featured on TV’s “Unsolved Mysteries.” He was arrested in New Mexico.

Deputy Public Defender Don Rubright said he was disappointed by the prosecution’s death penalty decision.

“In this particular case, there are some serious questions about what happened,” he said. “It isn’t as clear-cut as it would seem. There are some substantial things that have come up.”