thedrifter
04-26-06, 07:36 AM
Deployments delayed child abuse case
April 26,2006
ROSELEE PAPANDREA
DAILY NEWS STAFF
A Camp Lejeune Marine charged with killing his 2-year-old son was first cited for allegedly abusing the child in the fall of 2003 but two deployments to Iraq delayed the case for more than two years, an assistant district attorney said Tuesday.
Also, according to court records, the boy and his 4-year-old sister were removed from the home in 2003 after an investigation by the Onslow County Department of Social Services. It was not immediately clear why the children were living with their parents, Sgt. Jose Alfonso Aguilar and Patricia Aguilar at the time of the most recent incident.
Jose Aguilar, 26, of Headquarters Company, Headquarters Battalion, 2nd Marine Division, had his first appearance Tuesday in Onslow County District Court where he was taken before Judge Carol Jones. Aguilar remains in Onslow County Jail under no bond, according to court records.
Aguilar, who is being represented by Jacksonville attorney Ed Bailey, turned himself into authorities Monday after returning to Onslow County following the funeral for his 2-year-old son, Damien. The child was airlifted to Pitt Memorial Hospital in Greenville on April 1 after he allegedly fell in the bathtub, Aguilar told authorities.
The child was in critical condition until he died April 10. Onslow County Sheriff’s Department took out warrants against Aguilar Friday, but he was in California attending the funeral.
Aguilar allegedly told authorities that he was giving Damien and his daughter, Dalilah, a bath on April 1. He removed Dalilah from the tub first and took her to her bedroom. He told Damien to wait until he returned, Onslow County Sheriff Ed Brown said.
When Aguilar returned to the bathroom, he said Damien was trying to get out of the tub himself and he fell back and bumped the back of his head. Damien started crying. After Aguilar got the child dressed, Damien started quivering and fell backward. Patricia Aguilar, the child’s mother, was at work at the time, Brown said.
Jose Aguilar has been charged with felony child abuse in the past and is still awaiting trial. He was charged with shaking Damien in October 2003 when the child was 2 months old. Aguilar has a court date on that charge on May 1.
He has had several court dates in the past, but he’s been deployed to Iraq so his case never went to trial, said Assistant District Attorney Kelly Neal who is handling the case involving the felony child abuse charge.
“With military persons who have pending charges, cases have to be delayed when they are performing duties in Iraq,” Neal said. “The cases get put on hold.”
Aguilar was deployed from February 2003 to May 2003 and from July 2004 to March 2005, said 2nd Lt. Shawn Mercer, a spokesman for 2nd Marine Division.
The Onslow County Department of Social Services substantiated that Damien was abused in October 2003. The incident was investigated, and Jose Aguilar allegedly told a DSS social worker and Jacksonville Police Department that he shook Damien Oct. 27, 2003, which resulted in a subdural hematoma, according to court records.
Damien was crying at about 2:30 a.m. Oct. 27, 2003. Aguilar got up to change his diaper, according to court records.
“In the process, I (shook) him back and front several times like I do once in awhile,” Aguilar wrote in his statement for Jacksonville Police Department contained in the court record. “… What I thought was soft was hard enough for him to have a head problem.”
Patricia Aguilar took the child to Camp Lejeune Naval Hospital the next day because he was crying and wasn’t acting right. DSS was called in to investigate the situation. Damien also had several bruises on his face, foot, ear and rib cage, according to court records.
Patricia Aguilar allegedly told DSS that the “bruises came from her husband because he likes to bite the baby’s face in a playful manner.” She also told DSS that Dalilah hugs the baby too hard at times, according to the court record.
When Patricia Aguilar learned that Jose Aguilar possibly shook the baby, she told DSS that he didn’t mean it.
“Mrs. Aguilar stated that she did not feel like he did it on purpose and that no one would convince her otherwise,” according to the report by DSS in the court record.
A DSS investigator substantiated that Jose Aguilar physically abused Damien. The report also stated that the child lived in a “neglectful-injurious environment,” which was caused by both Jose and Patricia Aguilar and that the child was receiving improper care by Patricia Aguilar, according to the court records.
Dalilah was also considered at-risk because she lived in the home where the alleged abuse occurred, according to the court record.
When DSS began its investigation in October 2003, Dalilah was removed from the home. She stayed with a friend of the Aguilars who was approved by DSS. When Damien was released from Pitt Memorial Hospital, he also stayed with the family friend. The children eventually went into foster care. They lived with one foster parent and were expected to be moved to a second foster parent who was a friend of the family, in November 2003, according to the court record.
It is unknown where the children were placed after that point or why they were in the home with Jose Aguilar at the time of the incident earlier this month.
Roger Penrod, the director of Onslow County Department of Social Services, said he can’t comment on the case because it is confidential and state and federal laws prohibit him from releasing specific information.
He said that if a parent is charged with felony child abuse and DSS substantiates the claim of child abuse, it is rare that the child will be placed back in the home with that parent “unless a wide variety of conditions were met.”
Some of the conditions include psychological evaluation, anger management and parenting classes, Penrod said. It is unknown whether Jose Aguilar met any conditions.
“There has to be enough to give us and a judge some assurance that the child is going to be safe in the environment,” Penrod said.
Contact staff writer Roselee Papandrea at rpapandrea@freedomenc.com or at 353-1171, Ext. 238.
Ellie
April 26,2006
ROSELEE PAPANDREA
DAILY NEWS STAFF
A Camp Lejeune Marine charged with killing his 2-year-old son was first cited for allegedly abusing the child in the fall of 2003 but two deployments to Iraq delayed the case for more than two years, an assistant district attorney said Tuesday.
Also, according to court records, the boy and his 4-year-old sister were removed from the home in 2003 after an investigation by the Onslow County Department of Social Services. It was not immediately clear why the children were living with their parents, Sgt. Jose Alfonso Aguilar and Patricia Aguilar at the time of the most recent incident.
Jose Aguilar, 26, of Headquarters Company, Headquarters Battalion, 2nd Marine Division, had his first appearance Tuesday in Onslow County District Court where he was taken before Judge Carol Jones. Aguilar remains in Onslow County Jail under no bond, according to court records.
Aguilar, who is being represented by Jacksonville attorney Ed Bailey, turned himself into authorities Monday after returning to Onslow County following the funeral for his 2-year-old son, Damien. The child was airlifted to Pitt Memorial Hospital in Greenville on April 1 after he allegedly fell in the bathtub, Aguilar told authorities.
The child was in critical condition until he died April 10. Onslow County Sheriff’s Department took out warrants against Aguilar Friday, but he was in California attending the funeral.
Aguilar allegedly told authorities that he was giving Damien and his daughter, Dalilah, a bath on April 1. He removed Dalilah from the tub first and took her to her bedroom. He told Damien to wait until he returned, Onslow County Sheriff Ed Brown said.
When Aguilar returned to the bathroom, he said Damien was trying to get out of the tub himself and he fell back and bumped the back of his head. Damien started crying. After Aguilar got the child dressed, Damien started quivering and fell backward. Patricia Aguilar, the child’s mother, was at work at the time, Brown said.
Jose Aguilar has been charged with felony child abuse in the past and is still awaiting trial. He was charged with shaking Damien in October 2003 when the child was 2 months old. Aguilar has a court date on that charge on May 1.
He has had several court dates in the past, but he’s been deployed to Iraq so his case never went to trial, said Assistant District Attorney Kelly Neal who is handling the case involving the felony child abuse charge.
“With military persons who have pending charges, cases have to be delayed when they are performing duties in Iraq,” Neal said. “The cases get put on hold.”
Aguilar was deployed from February 2003 to May 2003 and from July 2004 to March 2005, said 2nd Lt. Shawn Mercer, a spokesman for 2nd Marine Division.
The Onslow County Department of Social Services substantiated that Damien was abused in October 2003. The incident was investigated, and Jose Aguilar allegedly told a DSS social worker and Jacksonville Police Department that he shook Damien Oct. 27, 2003, which resulted in a subdural hematoma, according to court records.
Damien was crying at about 2:30 a.m. Oct. 27, 2003. Aguilar got up to change his diaper, according to court records.
“In the process, I (shook) him back and front several times like I do once in awhile,” Aguilar wrote in his statement for Jacksonville Police Department contained in the court record. “… What I thought was soft was hard enough for him to have a head problem.”
Patricia Aguilar took the child to Camp Lejeune Naval Hospital the next day because he was crying and wasn’t acting right. DSS was called in to investigate the situation. Damien also had several bruises on his face, foot, ear and rib cage, according to court records.
Patricia Aguilar allegedly told DSS that the “bruises came from her husband because he likes to bite the baby’s face in a playful manner.” She also told DSS that Dalilah hugs the baby too hard at times, according to the court record.
When Patricia Aguilar learned that Jose Aguilar possibly shook the baby, she told DSS that he didn’t mean it.
“Mrs. Aguilar stated that she did not feel like he did it on purpose and that no one would convince her otherwise,” according to the report by DSS in the court record.
A DSS investigator substantiated that Jose Aguilar physically abused Damien. The report also stated that the child lived in a “neglectful-injurious environment,” which was caused by both Jose and Patricia Aguilar and that the child was receiving improper care by Patricia Aguilar, according to the court records.
Dalilah was also considered at-risk because she lived in the home where the alleged abuse occurred, according to the court record.
When DSS began its investigation in October 2003, Dalilah was removed from the home. She stayed with a friend of the Aguilars who was approved by DSS. When Damien was released from Pitt Memorial Hospital, he also stayed with the family friend. The children eventually went into foster care. They lived with one foster parent and were expected to be moved to a second foster parent who was a friend of the family, in November 2003, according to the court record.
It is unknown where the children were placed after that point or why they were in the home with Jose Aguilar at the time of the incident earlier this month.
Roger Penrod, the director of Onslow County Department of Social Services, said he can’t comment on the case because it is confidential and state and federal laws prohibit him from releasing specific information.
He said that if a parent is charged with felony child abuse and DSS substantiates the claim of child abuse, it is rare that the child will be placed back in the home with that parent “unless a wide variety of conditions were met.”
Some of the conditions include psychological evaluation, anger management and parenting classes, Penrod said. It is unknown whether Jose Aguilar met any conditions.
“There has to be enough to give us and a judge some assurance that the child is going to be safe in the environment,” Penrod said.
Contact staff writer Roselee Papandrea at rpapandrea@freedomenc.com or at 353-1171, Ext. 238.
Ellie