ARREST IN TOT'S BEATING DEATH DELAYED

WESTMINSTER POLICE UNABLE TO GET WARRANT NAMING FOSTER FATHER UNTIL TALKING TO ADAMS DA GRANT

Rocky Mountain News

Miguel Arias-Baca, 2 1/2, has been dead for a month, and Westminster police named his foster father as the suspect in his beating three weeks ago.

But the foster father will remain free for several more days because police say they can't get an appointment with Adams County District Attorney Bob Grant to review evidence and approve an arrest warrant."I know (officers) have the affidavit typed up, and they took it to him last week, and he was on vacation," said Westminster police spokesman Dan Mayer.

Police then had anticipated filing charges Monday.

"Now it's going to be Thursday. Thursday's the earliest, and it's not even a done deal," Mayer said.

Grant refused to answer questions about the complaints.

"I'm not going to respond to the Westminster police through you," he said.

Grant said he doesn't believe there have been any unusual delays in this case.

"There's a lot of variables as far as when the decision is made," Grant said. "They have presented nothing to us, and until decisions are made at this office, nothing is going to be done."

Meanwhile, Westminster police on Monday released new details about Miguel's beating death.

Police say foster father Ricky Haney, 37, beat the boy with his fists. Haney told police he was trying to potty-train the boy, said police spokeswoman Jacki Tallman.

The beating occurred about 10 p.m. Jan. 31, just after the Super Bowl. The Haneys took the injured child to a hospital about 1 a.m. Mayer said.

Miguel died Feb. 2 from severe head trauma.

Haney's wife, Evon, was home at the time, but police don't anticipate charging her, Mayer said. He said Ricky Haney caused the fatal injuries, and she's cooperating in the investigation.

Tallman said police hope to bring first-degree murder charges against Ricky Haney

But it's up to Grant to determine what, if any, charges will be filed.

Miguel's death has highlighted problems in the state's foster care system.

Both Haneys have arrest records and suspended driver's licenses. They'd been fired or forced to resign from two previous private foster care agencies prior to taking in Miguel, his 15-month-old brother, and two other young children.

Police have said Ricky Haney is cooperating in the investigation and has ties to the community, so they don't believe he's a flight risk.

Just after Miguel was beaten, Haney was hospitalized in a suicide attempt. He overdosed on Nyquil and Tylenol.