Man Found Guilty of Killing Girlfriend’s 4-Year-Old Son

A Van Nuys jury took just two hours Wednesday to convict a Pacoima man of the murder, assault and torture of a 4-year-old struck hundreds of times as punishment for soiling his pants.

The jury of seven men and five women found Jose Cruz, 25, guilty of first-degree murder, assault on a child causing death, and torture.

Los Angeles County Superior Court Judge Barry A. Taylor set sentencing for Nov. 1. Cruz faces 25 years to life in prison.

During the four-day trial, jurors were told that Cruz was baby-sitting Richard Mendez, his girlfriend’s son, May 24, 2001, at her North Hollywood apartment, when the beating occurred.

The boy’s mother, Yvonne Guangorena, 21, testified that Cruz called her at work about 1:30 p.m. to tell her that he had hit Richard because the child had soiled his pants and lied.

She said she left work early and began crying when she saw the extent of Richard’s injuries.

She said she had urged Cruz to take Richard to a hospital, but he had refused, saying the child was fine. Guangorena said she and Cruz had been arguing about Richard’s injuries for about 40 minutes when the boy stopped breathing. She called 911, and Cruz fled to avoid arrest.

The boy was already dead when paramedics arrived around 3:30 p.m. and found his body, clothed only in underwear, on the living room couch.

Photos of the child’s body show that his head, legs and buttocks were covered with bruises.

During the trial, Dr. James Ribe of the Los Angeles County Coroner’s Office testified that Richard could have survived the blows if someone had sought medical help earlier. The boy was beaten about 11:30 a.m., and Ribe said that his life could have been saved if Guangorena had called 911 just 10 minutes earlier.

Deputy Dist. Atty. Andrea Thompson told jurors that Cruz had hit the child repeatedly with a belt, gold-tasseled curtain cords and his fist. Cruz also bit Richard twice during the beating, which she said lasted 30 to 60 minutes. “Who can strike a 4-year-old hundreds of times and not intend to inflict extreme pain?” Thompson said after court. “This was not a momentary lapse.”

But Cruz’s attorney, Geoffrey Crowther, argued at trial that his client had not intended to kill the child. He said the family had delayed seeking help for fear the boy would be taken from his home by child welfare workers. After the verdict was read, the boy’s extended family said they were pleased with the outcome. His mother was not present.

“He deserves everything he gets,” said Lorraine Aviles, the child’s maternal grandmother.

Outside the courthouse, jurors said the assault verdict had come easily but that finding Cruz guilty of torture had required more debate.

“The opportunities for him to make other decisions were endless,” said one juror, who requested anonymity.

She said Cruz could have fled earlier so the mother could have obtained medical treatment sooner for the boy and saved his life.

“He had so much time in between to make a decision,” the juror said. “He was not worried about the child’s well-being.” At trial, Cruz appeared remorseful, weeping quietly as his girlfriend testified about her attempt to revive her dying son.

“This was a very, very difficult case, and I respectfully disagree with the jury’s findings on torture,” Crowther said after court.

He said his client had offered to plead guilty to assaulting a child causing death, a charge that he said carries the same prison term that Cruz could receive as a result of his conviction.