Sentencing rescheduled for Campo man in 4-month-old daughter's d - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Sentencing rescheduled for Campo man in 4-month-old daughter's death

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SAN DIEGO (CNS) - Sentencing was rescheduled to March 30 for a 21-year-old Campo man who smothered his 4-month-old daughter because she was fussing and he couldn't sleep.

Luis Alberto Duran, who pleaded guilty to second-degree murder in the June 25, 2010, death of Imalla Duran, is expected to be sentenced to 15 years to life in state prison.

Law enforcement witnesses testified last August that they went to the defendant's mother-in-law's home on Campo Truck Trail and found the baby lying on her back on the living room floor, near a pile of blankets. The infant could not be revived.

An autopsy turned up signs of several fresh injuries, including a hemorrhage under the baby's scalp. The San Diego County Medical Examiner's Office listed the cause of death as asphyxia as a result of smothering.

Sheriff's Detective Suzanne Fiske testified that after Duran's mother-in-law told an investigator she heard him yelling at the baby to shut up the night before, she questioned the defendant, who eventually conceded that he hit his daughter.

Later, he admitted smothering her, she said.

"He admitted he pushed the baby's head into the blankets until she stopped crying and stopped moving," Fiske said. "He said he was upset because he was trying to sleep."

Fiske said Duran woke up several hours later, and his daughter had not moved.

 

THIS IS AN UPDATE TO THE STORY. A previous story is below.

 

EL CAJON (CNS) - A 21-year-old Campo man will face trial in connection with the June death of his 4-month-old daughter at his mother-in-law's residence, a judge ruled Monday.

Enough evidence was presented in a nearly three-hour preliminary hearing to warrant a trial for Luis Alberto Duran on one count of assault on a child under 8 causing great bodily injury or death, Judge Lantz Lewis said.

Law enforcement witnesses testified they went to a home on Campo Truck Trail around 1 p.m. June 25 and found Imalla Duran lying on her back on the living room floor near a pile of blankets. The infant could not be revived.

An autopsy turned up signs of several fresh injuries, including a hemorrhage under the baby's scalp. The San Diego County Medical Examiner's Office listed the cause of death as asphyxia as a result of smothering.

"The nose was, for lack of a better word, smushed more than what I was used to seeing," Adam Galotti, a paramedic with American Medical Response, testified.

Sheriff's Detective Suzanne Fiske testified that after Duran's mother-in-law told an investigator she heard him yelling at the baby to shut up the night before, she questioned the defendant, who eventually conceded that he hit his daughter.

Later, he admitted smothering her, she said.

"He admitted he pushed the baby's head into the blankets until she stopped crying and stopped moving," Fiske said. "He said he was upset because he was trying to sleep."

Fiske said Duran woke up several hours later, and his daughter had not moved.

His mother-in-law, Yolanda Cuero, told detectives she didn't go out into the living room until noon on the 25th, and saw the child motionless.

The infant's mother, Carmelita Joles, testified that she worked overtime at the Golden Acorn Casino and spent the night at a motel with a friend.

Her daughter suffered a black eye while in the defendant's care a month before she died, but he denied hitting her, Joles said.

Duran faces 25 years to life in prison if convicted. Trial is scheduled for Oct. 4.

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