On Friday February 24th, 18 year-old Juan Garcia allegedly beat 2 year-old Jorge Zamora-Rogel to death. The incident took place in the home Garcia shared with the child’s mother, 18 year-old Wendy Rogel-Pagasa on North 38th Lane in Phoenix.
According to the report, Garcia became angry when Rogel-Pagasa told him that the child would not eat his dinner. Garcia allegedly grabbed the child by the ear, picked him up by the throat, and hit the boy’s head against the wall and floor several times, which knocked him unconscious.
According to court documents, Rogel-Pagasa tried to intervene. Garcia allegedly beat and choked her as well.
Garcia left the home for 90 minutes. During that time, Rogel-Pagasa did not call for help despite seeing her child bleeding and struggling to breathe. When Garcia returned, he reportedly tried to revive the child.
Rogal-Pagasa called 911 approximately 3 hours after the beating occurred. Emergency responders pronounced the child dead in the home at 11pm. Police arrested Rogel-Pagasa for waiting 3 hours before calling for help for her child. Police are still looking for Garcia.
Along with criminal charges, Garcia and Rogal-Pagasa may face civil lawsuits for wrongful death. A wrongful death claim may be brought by the survivors of someone who has died due to another person’s negligence. If the child’s other relatives sue for wrongful death, they will request the damages that the boy would have been able to collect from Garcia and his mother for negligence if he had survived the attack. Arizona Revised Statutes §§ 12-611 – 12-613 govern wrongful death lawsuits.
If you have lost a loved one due at the hands’ of another, please contact the Phoenix personal injury lawyers at the personal injury law firm Oracle Law Group today.
Photo Credit: Sara Golemon from Flickr