SAN DIEGO — A mother of six beat, kicked and shook her 9-month-old son in 2013, resulting in his death, a prosecutor said Wednesday, but the woman’s attorney said the death of the child in City Heights was a “mother’s worst nightmare” and asked the jury to acquit his client of an assault charge.
Guadalupe O’Campos, 35, is on trial for a second time after jurors deadlocked 10-2 for guilt on the charge of assault on a child under 8. O’Campos was acquitted of murder.
As the retrial got underway, Deputy District Attorney Nicole Rooney told a jury that 9-month-old Kevin Machado was the victim of violent shaking. The boy was fatally injured on Sept. 5, 2013, the prosecutor said.
There were seven separate impact sites on the boy’s head, and he was not injured as a result of falling off the bed, as O’Campos claimed, according to the prosecutor.
Experts noted the boy’s injuries were inflicted, either by impact or by shaking, Rooney said.
The day of the fatal incident, the defendant’s 16-year-old daughter from a previous marriage was in the bathroom when she heard a “thump” and heard her mother screaming “My baby’s dying,” Rooney told the jury.
The prosecutor alleged that O’Campos manipulated her husband on what to say to police, telling him, “Remember, we were both there,” according to the prosecutor.
Deputy Public Defender Patrick McCoy told the jury that a couple of days before the fatal incident, the baby had fallen between the bed and the closet.
The baby seemed OK, so his parents decided not to take him to the hospital, McCoy said.
On Sept. 5, 2013, the baby was fussy so his parents decided to put him in the middle of the bed before the “thud” was heard, the defense attorney said.
The baby was not responsive and O’Campos went to a neighbor’s house and 911 was called, McCoy said.
O’Campos was not charged until a year later.
“No one will testify that they ever saw the defendant hit, kick or abuse Kevin,” the defense attorney told jurors, urging them to find O’Campos not guilty.
“(But) that will not end her nightmare,” McCoy said.