[s-208, 6-204, ] -204, 8-203

STATE OF NEW MEXICO COUNTY OF SAN JUAN IN TFIE MAGISTRA'|E COURT

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STATE OF NEW MEXIC

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Angel M. Arellano DOB: 03/08/1990 SOC: 614-38-0459 Defendant

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AFFIDAVTT FOR ARREST WARRANT

Affiant, being duly sworn, on her oath, states that she has reason to believe that on or about September 18th, 2013, in San Juan County, New Mexico, the above-named def-endant did commit
the crime(s):

Abuse of a Child Resulting in Great Bodily Harm (placed in a dangerous situation) or (tortured, cruelly confined or cruelly punished)

The undersigned further states the following facts on oath to establish probable cause to believe that the above-named defendant committed the crime charged:

I am Heather Chavez, a certified and commissioned

peace officer, employed by the Farmington

Police Department, currently assigned to the Detective Division. I have been a law enforcement officer in New Mexico for over twelve years. I have received special training in and have experience investigating felony and misdemeanor crimes, inch-rding classroom instmction and field experience. I am the affiant herein. I learned the fbllowing facts fiom the sollrces noted below and the investigation described: An0912012013, I was contacted by Offrcer Joe Russom with the Farmington Police Department regarding a report of Child Abuse. He told me that he was dispatched to the Children Youth and Families Division regarding a chilcl named lzakia Davis (DOB 0411812012). 'Ihe prelirninary infbrmation he received rvas that lzakia was currently in the Pediatric Intensive Care Unit at the [-lniversity of New Mexico Flospital in z\lbuqLrerque. New N,lexico.

He was advised by CYFD Investigator Shauna Samora that Izakia r,r,,as suflering from a skull Iracture and other bone fractures, sonle of which were determined to be olcler because they appeared to be healing themselves. At this point I assumed the investigation and spoke with Investigator Samora fbr additional infbrmation and background. lnvestigator Samora told me that Izakia was in the custody of his biological mother in Las Mexico. She said that the state removed lzakia fiom the custocly of his mother in

Cruces, New

February of 2013 and placed him with his biological tather, Angel

Arellano. Arellano was living

at 1500 Oriole in Farmington, Nerv Mexico rvith his current girlfiiencl, Leilah Hastings. Investigator Samora stated that her otflce became involved with Izakia in May of 2013 'uvhen their otlice received its first complaint ( l3-21 595). At that time, Izakia rvas fbund unresponsive

inthelromeandtranspbffinhlMec1icalCenter,,uvherehewasultirnately flown to UNMH's Pediatric Unit. During that investigation it r,vas determined that Izakia
sutlered from a lack of oxygen. The doctors acivised it could have been due to suffocation, but could not definitively attribute it to that. As a result of this incident Izakia was left needing a feeding tube, paralyzed and blind. Because of this incident, the local CYFD ofl-rce began condtrcting regular home visits with lzakia, up to two times per week.

On 0911712013, during one of these regular home visits, Investigator Samora said that Izakia didn't look normal to her and advised Hastings that she needed to get him to the hospital to be checked. Investigator Samora said that Arellano was not home during this visit. Hastings advised that she would take care of him. Investigator Samora also told her that she could contact
the on call physician who could also assist her.

On 09/l Sl20l3,lnvestigator Samora contacted Hastings again to find out the status of Izakia. Hastings told her that she called the on call physician about lzakia but they never returned her call. She also said that lzakia was doing better. Investigator Samora did follow up with the on call physician and learned that Hastings never contacted them, nor did she bring Izakia in. At this point Investigator Samora was very concerned about Izakia's wellbeing and knew that he was scheduled for an eye appointment with the School of the Blind in Albuquerque, NM for later that day. She contacted Susan Spanky with the School of the Blind and advised her about Izakia's condition and requested that she check him. Spanky checked on Izakia upon his arrival with his father, Arellano. She said that Izakia appeared to be in "Horrible" condition and told Arellano that he needed to take him to the hospital. Arellano refused and became irate with her stating that every time he took Izakia to the hospital, staff would admit him. Spanky called 9l I and officers and an ambulance arrived. Arellano continued to be uncooperative and somewhat hostile, though he was not taken into custody. lzakia was transported to UNMH by arnbulance and admitted to the Pediatric Intensive Care Unit. Jocelyn Ruebel with UNMH PICTJ who told me that the Child Abuse Response Team was contacted regarding Izakia. She r.vas able to provide me some prelirninary information on lzakia's condition, but said she would have either Dr. Strickler or Dr. Miller contact me, both of whom rvere working on lzakia. Ruebel stated that Izakia had a skull fiacture, massive fluid on the brain, multiple broken bones and he was on a ventilator as he was unable to breathe on his own. She stated that some of- the liactures appeared to be olcler ones as it looked as though they were in the healing stages. I asked her if pictures were taken of lzakia and she said that none of his injuries were external, they r.vere all internal.

I contacted

I was contaoted by Dr. Strickler with UNMII's Child Abuse Response Team.

She told me that

lzakia had a skull fracture which could only be attributed to C'hild Abuse as Izakia is not mobile.

As far as the other fractures that were described to me she said that the X-rays showed abnormalities in his right arm, lower left leg and his right foot. She explained that due to Izakia's prior brain injury fiom May, it made his bones very weak and therefore more prone to bone breaks. At this point she could not say that the abnormalities were due to abuse. I asked if
the fluid on lzakia's brain was because of the skull fiacture and she said no.

Dr. Strickler said that because of his brain injury, his brain was shriveling. When that happens fluid is produced in the skull to take up the space. I asked if the fluid itself could cause a skull fracture, especially since Izakia had weak bones and she said no. The only reason for his skull fracture was due to some type of trauma. She wanted to get some type of history from Arellano or Hastings, but she was not able to reach either of them. She told me that she was going to order a bone scan for Izakia and could hopefully provide me more information, but the scan probably would not occur until the next week.

I asked her what lzakia's prognosis was regarding his fracture. She told me that an ethics board was going to be called for Izakia. She explained that the fluid on his brain was making his head swell and the only way to deal with that would be a surgery to place a shunt. In Izakia's case, the fluid on his brain contained a lot of protein which would potentially block the shunt and prevent it from working. She stated that the Neurosurgeons didn't want to do the surgery because the risks to his life were not worth the benefits. It was her opinion thatlzakia' s life span
was severely limited due to his brain injury from May.

I attempted to contact Hastings to conduct an interview with her. I went to the residence at 1500 Oriole and found no one there. I noticed a note closed in the door and it looked to be weathered as if the door hadn't been opened. I've not been able to contact Hastings or Arellano to obtain
statements.

Unit regarding Izakia. As a result of the Ethics Panel it was decided that there was nothing medically left to do for lzakia's care. Izakia was showing no stable brainstem function. This decision was also dependent upon a review with CYFD attorneys, the family's attorneys and the ad litem for CYFD.
On0912412013, an Ethics Panel was conducted at LfNMH Pediatric

On 0912512013, I attended the meeting at CYFD regarding lzakia. A teleconference was held with Dr. Hadeid (unsure of spelling) who was the primary attending physician to lzakia. Again, it was his opinion that there was nothing more medically that could be done for Izakia. At the conclusion of the conference, it was decided to get a DNR (Do Not Resuscitate) order in place for him and to remove his vent tube and allow nature to take its course. The doctor stated that he felt it should be done within the next 24 hours for the sake of lzakia.
Shauna Samora and Valery Darwin more in depth about this case and they also had additional medical records to provide me. One

At the conclusion of this meeting I spoke with Investigator

of these reports was the completed CART Exam (Child Abuse Response Team) report, The following pertinent information is transcribed from the report which was drafted by Dr. Leslie
Strickler:

ASSESSMENT: Izakia is a l7-month-old mcrle vvith a past meclical history of unexplained cardiac arcest at l2 months of age tvith resultant devastating neurologic injtry who presented to care with increased macrocephaly and decreased mental status. Imaging studies performed fo evaluate this change revealed bilateral subdural fluid collections and incidentally noted a left parietal skull fracture. Additional radiographic studies have revealetl numerous additional abnormalities in the bony skeleton including corner metaphyseal fracture of the left tibia, and fractures in the right foot. Although this child does have osteopenia consistent with his neurologic condition, his nonmobile status and lack of any explanatory history for any fracture, particularly the skull fracture, are not typical /indings in children with his condition. It is my impression based on clinical experience snd medical literature review, that the number offractures, type of fractures, child's non-mobile status, and lack of traumatic explanation for injuries make abusive etiologl,t the most likely explanation of lzakia's fractures. Should he be returned to an environment in which he cannot be protected hi is at riskfor ongoing injury.

CYFD Investigator Samora also advised me that both Arellano and Hastings both attended 48 hours of home care training for Izakia separately, as they were both responsible for his care and needs, especially the fact that Izakia was fed through a feeding tube. This training was conducted at Carrie Tingley Hospital in Albuquerque, NM. According to the CART report Arellano denied that anyone other than Hastings and himself watch and care for lzakia. There is only very rare occasion that Hastings sister will watch lzakia. Arellano also stated, in this report, that he and Hastings attended parenting classes and do stretching exercises with lzakia, which they leamed at Carrie Tingley,
Based on this most recent report from UNMH's CART it shows thatlzakia's multiple fractures can be attributed to physical abuse. it is known that he was in the primary care of his biological

father, Angel Arellano and Arellano's fiancd, Leilah Hastings. As both Arellano and Hastings were trained to care for Izakia and were with him and caring for him, one or both should have noticed the changes in Izakia and being fully aware of his medical condition and needs, should have sought help from the local hospital, but failed to do so.

Badoni and I travelled to UNMH's Pediatric Unit in an attempt to contact Arellano and Hastings, as they would not answer my phone calls. At the hospital we met with AlbuquerqLle Police Department Detectives Caryn Romero and Terra Juarcz. There we met with Jocelyn Ruebel with the CART team. Ruebel provided me the most current CART report for lzakia, which contained the same assessment regarding his injuries. Ruebel took us to the pediatric floor where lzakia was and there I met with Kristin Mihalik, the social worker/case

On

0912612013, Detective

manager.

Mihalik told me that they hadn't received the DNR orders for lzakia, but was expecting them to be completed later that day and anticipated that lzakia's breathing tube would be removed the following day. I explained to her that I needed to make contact with both Arellano and Hastings to obtain statements from them regarding Izakia's condition. Arellano was expected to arrive at the hospital to sign some documents, but was unable to due to not having transportation. Mihalik gave me Arellano's most current address. She advised that he was staying at Intowne Suites room #l 19 located at 4676 Commerce Dr, Albuquerque, NM.

made arrangements with the Albuquerque Detectives to make contact with Arellano and Hastings at their motel. They also made amangements to have a marked Albuquerque Police Officer meet with us there. Upon our arrival I saw Arellano and Hastings walking outside of the motel and this is where we made contact with them.

myself to Arellano and Hastings and explained that I needed to speak with them about lzakia. Arellano said that he would speak to me when he had the opportunity to talk to his attorney. As I spoke with Arellano, Det. Romero spoke to Hastings and she too requested an attorney. Prior to leaving I gave Arellano a business card and tried to obtain additional contact information from him.

I introduced

During my contact with Arellano and Hastings, both appeared to be in good spirits, smiling and friendly. They showed no emotion when I spoke of Izakia.

During this investigation, both Arellano and Hastings have shown resistance when it came to Izakia's wellbeing. First when Hastings stated to CYFD Investigator Samora on 0911712013, that she would contact a doctor for Izakia. When Investigator Samora followed up with Hastings and the on-call doctor, she found that Hasting's lied to her about getting in touch with a doctor. Second when Arellano took Izakia to his appointment at the School of the Blind and he refused to take lzakia to the hospital at their request because of their concerns about his current medical needs. Arellano became irate and refused to take lzakia to the hospital. Ultimately, Izakia was transported to UNMH by ambulance, but at the request of an employee, not Arellano.

WHEREFORE, your affiant respectfully requests that an arrest warrant be issued for the abovenamed defendant for the crime of: . Abuse of a Child Resulting in Great Bodily Harm (placed in a dangerous situation) or (tortured, cruelly confined or cruelly punished)
Heather Chavez R614 Name of Affiant Signature bf

Affi

Police Detective

Official Title
APPROVED:

'tocl,,1

y District Attorney

OFFIClAL REGEIPT
STATE OF NEW MEXICO SAN JUAN COUNTY MAGISTRATE COURT DIV II, III & V 950 West Apache Street Farmington, NM 87401
Payor Receipt No.

Ryan
Judge None Assigned

FARM-2013-5121
Transaction Date

10t1t2013

Miscellaneous Payment

Copy Fees SUBTOTAL

PAYMENT TOTAL
Cash Tendered Total Tendered Change 10to112013

2.50
3.00 3.00 0.50

01:37 PM

Cashier Station FARMl

Audit
12979701

OFFICIAL RECEIPT