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North Naples man gets probation for child abuse, mother blamed
Rafael Garcia, who already has served 543 days in the county jail, probably won’t serve probation because he faces deportation
Rafael Garcia
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NAPLES — A 24-year-old North Naples man who spent 543 days in the Collier County jail was sentenced Monday to time served and two years of probation on a child abuse charge involving a toddler who was allegedly beaten by her mother.
But Rafael Garcia, whose address was not disclosed to protect the 3-year-old’s identity, probably won’t serve a day of probation. He has remained jailed since Feb. 24, 2007, unable to post bond because he’s being held for a deportation hearing by Immigration and Customs Enforcement officials.
Garcia pleaded no contest to child abuse, but had always maintained his innocence. He blamed the 3-year-old girl’s mother, Veronica Viveros Alarcon, of North Naples, who confessed to Collier County Sheriff’s deputies that she “loses it” and hurts the girl, according to reports.
Collier Circuit Judge Fred Hardt sentenced Garcia and warned him not to return to this country if he’s deported, or he’d face federal prosecution.
The child-abuse charge carries a 5-year maximum state prison term, but Garcia was sentenced as part of a plea agreement between Assistant State Attorney Steve Maresca and defense attorney Erik Lombillo.
The judge was concerned about the probationary sentence, but was reassured by Maresca that the mother had confessed and Garcia had been fully investigated. He was set for a plea in February, but Maresca wanted time to investigate whether Garcia had sexually abused the toddler. DNA tests cleared him.
“From the beginning, he said, ’I didn’t do anything,’ and said it was her fault,” Lombillo said after sentencing, referring to Viveros. “He just wanted to move on. He maintained his innocence the whole time.”
Viveros faces a higher charge, aggravated child abuse, a second-degree felony punishable by up to 15 years in a state prison.
Viveros was arrested Feb. 23, 2007, when a deputy responded to the Children’s Advocacy Center of Collier County, where they were investigating injuries to her daughter.
The girl had severe bruising to the right side of her face, swelling on the side of her head, large bruises on her arms and back, and dried blood around her genitals. She appeared to be emotionally traumatized, was verbally unresponsive and Maresca told the judge Monday that she remains traumatized.
Reports say Viveros told investigators the girl often hits herself and runs into things on purpose, but Viveros admitted she gets mad at the toddler, loses it, and hits her. Garcia was arrested a day later.
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God Bless America!
For Jesus so loved the little children!
#1 Posted by chickendog on August 20, 2008 at 9:19 p.m. (Suggest removal)
What a waste of taxpayers money. If our Government enforced the laws that we already have, we wouldnt have this garbage entering our Country in the first place!
#2 Posted by streetrodder on August 20, 2008 at 9:50 p.m. (Suggest removal)
The media has blood on its hands too by not telling the story that children deserve to have told -
http://www.acf.hhs.gov/programs/cb/pu...
#3 Posted by POC on August 21, 2008 at 12:31 a.m. (Suggest removal)
Ms. Swift:
Is the mother legal?
Is Mr. Garcia the actual father?
So Mr. Garcia spends 543 days in jail for a crime he pleaded no contest to, and, if I read this right, is actually exonerated.
Then the Judge says, "if you are deported....." What a crock of poop. He should of been gone 541 days ago.
While the mom, Viveros, faces 15 years, she will get probation because she is the mom and the loving, nurturing caretaker.
This poor girl doesn't have a chance between her parents and this court system.
#4 Posted by volochine on August 21, 2008 at 12:43 a.m. (Suggest removal)
Adios, muchacho.......
#5 Posted by GreenFlash8 on August 21, 2008 at 4:38 a.m. (Suggest removal)
Sounds to me this poor chap spent two years in the clink for doing nothing.
I think we owe him for this.
Find him a job, maybe in the school system, and help him get back on his feet and become a useful member of the community.
#6 Posted by paul2t on August 21, 2008 at 5:50 a.m. (Suggest removal)
IS this the future?
Barak Bro:
http://www.telegraph.co.uk/news/newst...
#7 Posted by paul2t on August 21, 2008 at 6:25 a.m. (Suggest removal)
What the heck does the Obama article have to do with this delinquent child abuser? Then, the other one has to jump in and say "Obama 08". Yeah.....right.
#8 Posted by ryersongirl on August 21, 2008 at 8:14 a.m. (Suggest removal)
why hasn't the mother been picked up and deported mr Hunter?
these third world leeches need to be deported from the country now!
remember mario diez-Balart voted for amnesty as did Bill Nelson and Melvin Martinez
#9 Posted by grouper25 on August 21, 2008 at 8:30 a.m. (Suggest removal)
I cannot imagine the type of life the little girl has only known. Deported and fried should be the way for the mother and assumed father.
#10 Posted by love2visitnaples on August 21, 2008 at 9:46 a.m. (Suggest removal)
Uh, if the 3 year old is a US citizen (born here) the law says her mother gets to stay. Are you going to deport the 3 year old too?
#11 Posted by Duh on August 21, 2008 at 1:36 p.m. (Suggest removal)
I am not so sure the law says the mom of a US citizen child gets to stay, but more importantly, where does it state that the mom is here illegally? Or should she be deported merely because of the xenophobic bloggers here? It would be much easier and saner for our society to deport folks like grouper25.
#12 Posted by sassy2 on August 21, 2008 at 2:50 p.m. (Suggest removal)
duh,
Can you link a specific statute that says illegal alien mothers are permitted to stay with their US born children? We do not have to deport US born children, even when we deport their parents. If the parents chose not to take their children back to their country, then those children would be taken as wards of the state.
#13 Posted by POC on August 21, 2008 at 8:37 p.m. (Suggest removal)
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