Victor Gardea killed his 4-mo old daughter.

[SoUncool]

http://deseretnews.com/article/1,5143,700258024,00.html

PROVO — A 4-month-old baby who police say was severely abused by her father has died.

The child's father, 22-year-old Victor Gardea was arrested Monday after police responded to a 911 call at his home that his daughter wasn't breathing.

She was rushed by paramedics to Utah Valley Regional Medical Center, but when she couldn't maintain breathing on her own, she was flown to Primary Children's Medical Center, police said.

The Medical Center informed Provo Police Thursday morning that the official time of death for the child was Tuesday afternoon at 1 p.m., said Provo Police Capt. Cliff Argyle.

An autopsy will be performed on the child Thursday morning, Argyle said, and the Utah County Attorney's Office will review the case again to see if additional charges should be added.

Gardea was booked into the Utah County Jail for investigation of aggravated child abuse and bail was set at $50,000 cash-only, although he is ineligible for release due to an immigration hold.

The child's mother was not at home at the time of the incident and will keep custody of her child, a 2-year-old son, Argyle said.

Police say Gardea told investigators he woke up from a nap and found his daughter turning blue.

However, doctors at the hospitals noted that the child had internal injuries, swelling and bleeding of the brain and broken ribs, which pointed to abuse and indicated the child had been shaken.

The father also told police that the child had fallen off the dryer and that he had squeezed her and thrown her into her crib, according to a probable cause statement filed in 4th District Court.

Article from yesterday BEFORE she died of her injuries. I've pulled out a quote from the article regarding shaken baby syndrome that I found interesting.

http://www.heraldextra.com/content/view/279817/

Exact numbers on shaken baby cases are almost impossible to come by.

Primary Children's spokeswoman Bonnie Midget said the hospital doesn't track shaken baby cases because of disagreement over how to define it. Janet Frank with Utah Valley Regional Medical Center said the hospital's tracking system works by diagnosis and not cause. For example, they know how many broken legs there are but not how many were caused by sledding accidents.

According to the National Center on shaken baby syndrome, the best estimate is that as many as 1,400 babies nationally are treated in hospitals annually. In Utah, the estimate is about 13-26 annually. A third of hospitalized infants die and a large percentage have permanent brain damage. That damage doesn't often become apparent until the child starts to attend school and has trouble in comprehension and emotional control. Perpetrators tend to be male though not overwhelming so, and often it is a boyfriend of the mother or babysitter, said Amy Wicks with the center, which is based in Ogden.

The cause is typically tied to crying, and shaking usually happens in the first year when babies cry the most.

The state has a new program attempting to reduce shaken baby syndrome that targets new parents. The program started just a few months ago, and the parents are given information in the hospital that includes a DVD on how to cope with crying.

"Sometimes there's nothing you can do," Wicks said of a crying baby. "It's OK to put the baby in a safe place and walk away. No child ever died from crying."

[guntotin' liberal]

I really wish they had PSAs on every night of the week for tow things.
1. Safe Haven Laws (and change them to apply to any young child - not just infants)
2. Never, Never, Never, Never, Never- shake a baby. Walk away. Call someone.

[crickett]

May he fry in HELL! All he had to do was put the baby safely in it's bed and walk away.

[SoUncool]

Update

http://www.heraldextra.com/content/view/285238/17/

Attorneys for a Provo man accused of beating his infant daughter to death asked for a continuance as they continue to gather evidence in the case.

"There's still some initial discovery that we do not have," said Dusty Kawai, Victor Gardea's public defender.

County Attorney Jeff Buhman said neither side has received considerable evidence in the case. He is still waiting on the medical examiner's report and the transcript of the 911 call, among other things.

"This is a case that takes awhile to get everything," he said.

Kawai said the case has not yet proceeded to the point where a plea deal would be discussed. He would not say whether Gardea would like to see the case proceed to trial.

"We haven't discussed a plea deal with him, but he is obviously mourning the loss of his daughter," he said.

It's a bit late dude...you wouldn't be mourning her if you hadn't killed her.

[Silvahalo]

This bastard doesn't deserve a moment of pity. He killed his baby and under the circumstances I call him a coward and a weak pathetic person.

Many mothers are dealing with countless physical challenges and not to mention an emotional nightmare after giving birth. If you don't know and want to know how hard it is to physically handle your own personal misery AND take proper care of a newborn...ask a mom. I'm sure we all have a friend or family member who just had a baby. Then ask them this. How is it that your baby is alive and well? because frankly a mother under those circumstances or anything similar to it would be far more prone, (and yes, we have seen those stories), to injuring or killing their child under the guise of being under extreme physical and mental duress.

Spineless fucker, imagine this: a screaming baby while you are doing your best impression to breastfeed, disparately trying to keep your guts inside, trying to stand up, yeah because you can't get up from the floor because you've fallen once again and there is no one there to help get you back on your feet...so you just lay there and try to sooth your baby while you both cry. Did I shake him mercilessly? bet his brain in? no. And trust me I had many challenging days not just one for a couple of hours.

But what do we read time and time again? A pieceofshit worthless father or boyfriend who can't handle a crying baby for a couple of hours. No they didn't just give birth, no they are not dealing with EXTREME mind-boggling exhaustion not to mention pain that makes you dizzy and praying for the next med...no this bastard like so many others is a selfish, spineless and incapable, it appears of handling his crying daughter by simply putting her down and walking away.

You weak, pathetic loser. You deserve nothing that is worth loving. True love and bonding with a child takes work and yes it can be painful. Now you will never get the chance to be a good and loving father to your daughter...she's dead.


"....reckless indifference for human life..." about sums it up perfectly. Just rot and die baby killer.


Rest in the heavens baby Jasmin, you deserved a loving, caring father who would put your first. Kisses sweet one.

[Dakota Valkyrie]

A man who punched his 4-month-old baby girl hard enough to fracture bones on the other side of her skull definitely showed a reckless indifference for human life, prosecutors argue.

Victor Gardea, 23, faces a charge of aggravated murder for the death of his baby, Jasmin, in September 2008.

Such a charge carries the potential of the death penalty, but attorneys disagree on whether or not such a harsh punishment is warranted.

Their dispute is whether it could be proved that Gardea acted with "reckless indifference to human life," the new wording in the aggravated murder statute.

Prosecutors argue there's enough evidence to convict Gardea under the new statute, as well as the old statute, requiring proof that Gardea "knowingly or intentionally" caused Jasmin's death, according to their recently filed motion.

Defense attorney Richard Gale said Gardea had been helping his wife study all night. When the baby woke up crying, Gardea was worried she would wake their young son, and he lost control, Gale said.

Gardea later told police he hit Jasmin in the abdomen and head with a closed fist, hard enough that it would have knocked a grown man unconscious, according to court documents.

However, Gale argued that once Gardea knew how severely she was injured, he called 911 and started CPR until paramedics arrived. Jasmin was taken to Primary Children's Medical Center, where she died hours later.

But prosecutors argue that any attempt at lifesaving actions after the initial crime don't negate its reckless, violent nature.

"Certainly the fact that the defendant hit his own baby with such extreme force either because he wouldn't be able to get anymore sleep, or for no particular reason at all, displays a reckless indifference to that baby's life," prosecutors wrote in the motion filed in 4th District Court.

Gale believes the new wording in the aggravated murder statute is unconstitutional, because it broadens the category of those eligible for the death penalty.

Now someone can be prosecuted capitally without showing an "intent to kill" but instead showing "reckless indifference to human life," during certain crimes, including child abuse, according to court documents.

However, prosecutors reply that Gardea's reckless indifference was so severe that it deserves the capital charge and does not violate any constitutional rights.

They also argue that Gale is mixing the terms "recklessly" with "reckless indifference," and that reckless indifference is different and worse than recklessly. Because it is worse, fewer crimes would fall into that category, thus limiting the number of people eligible for the death penalty, according to their motion.

http://www.deseretnews.com/article/7...eath-case.html

[Thinkgoat]

Gardea later told police he hit Jasmin in the abdomen and head with a closed fist, hard enough that it would have knocked a grown man unconscious, according to court documents.

However, Gale argued that once Gardea knew how severely she was injured, he called 911 and started CPR until paramedics arrived. Jasmin was taken to Primary Children's Medical Center, where she died hours later.

Sorry, the 'oops, my bad' mentality doesn't work when you're punching a 4 month old so hard it breaks bones on the other side of her skull. I applaud the capital offense charge. Let's start making mighty fine examples out of these baby killers.

[Dakota Valkyrie]

At a Thursday sentencing hearing for Victor Gardea -- who beat his 4-month-old daughter to death last year -- there was no argument by attorneys, no entreaties or apologies from the defendant, and the victim's mother was not in court to speak.

But 4th District Judge David Mortensen was not content to send Gardea to prison in silence.

Before imposing a sentence of 15 years to life, the judge noted that society recognizes that emotions sometimes run high and people sometimes lose control -- except when it comes to children.

"There is nothing as innocent and vulnerable as a 4-month-old child," the judge told Gardea, who has admitted punching Jasmine Gardea once in the head and once in the torso because she was crying on Sept. 8, 2008. The child died the following day.

"To strike a child once is barbaric ... to strike your own daughter twice is evil," Mortensen told Gardea.

The judge said he would have given Gardea an even harsher sentence except for limits set by statute.

Gardea, 23, was charged with aggravated murder under new guidelines that make it a potential capital crime to kill a child under 14, or to cause a death while committing child abuse. He pleaded guilty to the lesser crime of first-degree felony murder, which carries a mandatory 15-years-to-life prison term.
[...]

Defense attorney Richard Gale said the homicide was the result of a "unique set of circumstances." Gardea, an out-of-work roofer, had stayed up late the night before helping his wife -- who was the family's sole provider -- study for school, Gale said.

"When the baby woke up and started crying, he got frustrated and made a mistake," Gale said.

By all accounts, Gardea was a good father who had never before harmed his daughter or the couple's then-3-year-old son, Gale said.

And although Gardea declined to address the judge, Gale said he has expressed "great remorse" for what he did.

Gale could not explain why Gardea's wife did not attend the sentencing hearing. Gale said the woman is "upset" at her husband, "but still loves him and knows it was a mistake."

In addition to Jasmine's other injuries, the medical examiner found evidence of healing rib fractures. But Gardea has denied harming the child prior to the fatal attack, and attorneys said Thursday there is no evidence tying him to those older injuries.

http://www.sltrib.com/news/ci_13308061

[Vanik]

He is soo fucked. I'm right near Ogden and people are pissed as fuck about this. Everyone thinks he should have gotten more, but they are pissed that it happened in general. I honestly think the only reason why he got 15yrs WITH a plea deal is because of how mad the public is. Imagine if they weren't so mad? No one would know if this judge just gave him probation. He'd get off scott-free.

[hotcnymom]

My daughter is 4 months right now,She smiles,laughs,frowns,giggles and crys.All the baby was trying too say was "hey!hug me ,feed me,change me,play with me,burp me!If I was that mother every cop in that court room would have too restrain me from beating that pos too death.I read news stories on here everyday and it breaks another piece of my heart,But at the same time makes me try harder too be a better mother.

[Kimberix]

.I read news stories on here everyday and it breaks another piece of my heart,But at the same time makes me try harder too be a better mother.

Same for me as well, and like Silva I to at times would lay down and cry right along with my babies....and you know what the fucking funny thing is? They would usually STOP crying when I started and look at me like I was nuts and than I would laugh and everybody would feel better....jesus I hate assholes like this I really wish there was a way to identify these bastards because I never believe they are first timers at baby abuse.....or anger issues or whatever, I am constantly watching my hubbys behavior making note of any strangeness....just to be prepared to grab my kids and run.....or wait should I leave my kids with him?


Just fucking look at him.....I would never leave my cat with him!! there is an easy way to tell if someone is evil.....and I learned this from watching Anime....if the fucker has narrow eyes, he has some kind of fucked-upedness to him.

[thequeenofsorrow]

The mother of the deceased still loves him and knows it was a mistake?? A mistake is locking your keys in the car not killing a little baby!
Other than the baby dying, the fact that the mother considers this some kinda "oops" and still loving this POS is the saddest thing. I take it she hasn't learned her lesson. :(

[SickenEd]

"When the baby woke up and started crying, he got frustrated and made a mistake," Gale said

A mistake is getting in the wrong car in the parking lot. A mistake is much like an accident in my mind. You don't "accidentally" punch your 3 month old child twice.

Gale said the woman is "upset" at her husband, "but still loves him and knows it was a mistake."

Upset?? UPSET???.. WTF?? How in the ever loving HELL can she still love him? How can she defend him? How can she look at his face and see anything BUT a child killer?

[Silvahalo]

Gardea later told police he hit Jasmin in the abdomen and head with a closed fist, hard enough that it would have knocked a grown man unconscious, according to court documents.

See this isn't just about a moment of frustration, we all know what that is like, but to hit her so hard so to 'cause a grown man to be injured, well, hell, this SOB is just a mean fucker and does not deserve children or to see the light of day again. The older injuries, I bet he had squeezed baby girl before, and you got to know the mother knew the baby was in pain at some point. Course there's the possibility she inflicted those broken ribs, but I'm inclined to believe this baby killer did.

The mother is guilty of being an idiot as she "still loves him" after this "mistake". She sounds incapable of standing on her own with out this fucker....pathetic. He's a waste of space, shouldn't get another day to breath fresh air.


Rest in peace baby Jasmin, your ending and the pain inflicted on you just breaks my heart.