Couple Face Charges of Abuse in Baby’s Death

A La Habra couple will be arraigned today on charges of manslaughter and felony child abuse after their 5-month-old son was left in a sweltering car for six hours Monday while they slept inside an air-conditioned motel room nearby, police said.

The baby, Cailan Cutillo, had been dead at least two hours before his mother, Kimberly Fudge, placed a frantic telephone call to police, said Claremont Police Lt. Gary Jenkins. Fudge and her boyfriend, Dylan Cutillo, both 29, had been staying at the Howard Johnson motel in Claremont, after what police said was a family dispute Sunday night at their La Habra home.

Investigators at first were unsure whether Cutillo knew that his son was locked inside the car. He had apparently checked into the motel the night before, and was joined Monday morning by Fudge, who drove there with the baby.

After interviewing Cutillo, an electrician, Jenkins said detectives were convinced he “was most definitely aware of the situation.”

Cutillo’s attorney, Catherine Lombardo, said her client “had no idea the baby was in the car.”

The father was asleep when Fudge arrived at the motel room, which he had left unlocked for her, Lombardo said, and he did not wake up until shortly before 2 p.m.

Fudge awoke a few moments later and realized the baby was still strapped in a car seat in her car, the attorney said. Detectives said the temperature inside the car neared 120 degrees.

“That’s when [Cutillo] rushed out to the car,” Lombardo said. “That’s when he found the baby.”

Lombardo said she was puzzled by the decision to charge Cutillo because police had indicated earlier that he would probably be released Tuesday.

Detectives said Tuesday that they are investigating whether there have been any previous reports of child abuse or neglect filed against Fudge, but would not elaborate. Orange County social service officials could not be reached for comment.

Police also took blood samples from the parents to test for the presence of alcohol or drugs. The results will not be available for three days, Jenkins said.

Fudge’s brother, Curtis Fudge, said Tuesday that he had spoken with his sister and is convinced the death was an accident.

The temperature in Claremont reached 96 degrees Monday. Inside the car, police said, it was about 20 degrees warmer.

The couple remained in Claremont City Jail with bail set at $50,000 each.

Their arraignment is scheduled for this afternoon in Pomona Municipal Court.

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Times staff writer Richard Marosi and special correspondent Richard Winton contributed to this story.