Court: Boy May Be Taken Off Life Support

The California Supreme Court on Wednesday cleared the way for doctors to turn off life support for an Orange County boy kept alive for more than a year while his parents -- including the father accused of beating him -- argued about whether he should be allowed to die.

Barring unexpected intervention by the U.S. Supreme Court, doctors could within days unplug the respirator that has helped 19-month-old Christopher Ibarra stay alive since he suffered a massive brain injury in 2001, allegedly at the hands of his father.

“This is better for him. He’s hurting. He doesn’t have any quality of life,” said Donna Chirco, the attorney representing the boy’s mother, Tamara Sepulveda. “I think it’s going to be really nice for her to have some closure.”

The decision could have significant impact on the prosecution of Christopher’s father, Moises Ibarra. He faces 13 years in prison if convicted of beating his son, but a potential life sentence if convicted of murder. Orange County prosecutors have said they will consider filing a murder charge if the child dies.

Ibarra’s attorney could not be reached for comment on the state Supreme Court’s decision.

For 16 months, Sepulveda has fought to have Christopher’s life support turned off to end her son’s suffering.

In November, an Orange County juvenile court judge ruled that it was in the best interest of the child to turn off life support. The judge stayed his ruling so Ibarra could appeal the decision. In February, an appeals court upheld the decision, noting that the boy’s condition was hopeless. The father then asked the state Supreme Court to intervene.

Christopher has been in a vegetative state since December 2001, when police say his father beat him in his crib at the family’s Cypress apartment. At a hearing last year, doctors said the boy’s bones have become so brittle that they have broken during such routine tasks as diaper changes. They also said they believed he can feel pain and has no hope for recovery.