Escobedo clears wife in murder

Uncle confessed to baby's death, say police reports

ELIZABETH LANGTON

The Lubbock Avalanche-Journal

Eight days after his wife was jailed on a capital murder charge, Gilbert Escobedo called police and said he needed to tell the truth about their 22-month-old nephew's death, according to police reports.

Escobedo admitted to Detective Rey Martinez that he caused Modesto Blanco's fatal injury, according to a police report.

"He also stated he felt that he would now be able to sleep after getting this off his chest," Martinez said.

Escobedo, 40, was arraigned Monday afternoon on a capital murder charge. Justice of the Peace Bob Blackburn set his bond at $500,000.

Prosecutors plan to dismiss a capital murder charge against Gilbert Escobedo's wife, Gracie, said Matt Powell, first assistant criminal district attorney.

An ongoing police investigation into the death of Modesto Blanco led to a change in the charges, Powell said.

"There were lots of things that started pointing to Gilbert Escobedo as the perpetrator of the murder," he said.

The Escobedos had custody of Modesto and his three brothers, ages 7 months, 3 and 51/2. The children's parents lost custody to the state.

Modesto died Feb. 10 of a blunt-force head injury, according to an autopsy. The medical examiner and emergency room workers noted signs of serious physical abuse, including multiple bruises and burns, according to police reports.

Prosecutors first charged Gracie Escobedo, 42, with Modesto's death. Powell said he plans to dismiss a capital charge against her today. She will face misdemeanor charges — likely perjury and obstruction of justice — for impeding the police investigation.

"If perjury charges are filed, the accusation would be that false statements were made to the police," Powell said.

The night Modesto was injured, Gracie Escobedo told police that she started running a bath for Modesto and briefly left the bathroom. She said she returned to find Modesto lying face down in about 4 inches of water, reports said.

Gilbert Escobedo was outside the house, and the couple's 17-year-old son was in a back bedroom talking on the phone, according the family's statements to officers.

When medical exams revealed that Modesto's death was not accidental, Gilbert and Gracie Escobedo refused further interviews with police. But authorities believed they had enough information to file charges.

"The fact that Gracie was claiming to have been with Modesto ... placed Gracie in possession of Modesto when he would have sustained his injury," according to a detective's report filed with Gilbert Escobedo's arrest warrant.

Police arrested Gracie Escobedo on Feb. 19. Four days earlier, Gilbert Escobedo had been jailed on a separate charge of injuring Modesto's 3-year-old brother.

Family members visited the couple in jail, urging each of them to tell police the truth about Modesto's death, according to police reports.

On Feb. 22, Gracie Escobedo told jail officials that she wanted to speak to police detectives, reports said. She gave a voluntary statement to detectives Martinez and Doug Sutton.

Gracie Escobedo told detectives that her husband was actually inside the house when she started running a bath for Modesto, reports said. She left the bathroom and returned to find her husband holding Modesto under the running bathtub faucet, reports said.

"Gracie said Modesto was wet and unconscious. Gracie said she grabbed Modesto from Gilbert's arms and carried him to the living room. Gracie said she asked Gilbert what he had done to Modesto, and Gilbert had replied that he had not done anything to him," Martinez recounted in his report.

"She said she was scared and did not know what had happened to Modesto. Gracie said that same night she asked Gilbert what he had done to Modesto and he would not say anything."

Five days later, Gilbert Escobedo contacted Martinez and said his son persuaded him to tell the truth about Modesto's death.

"Gilbert told me that he had not been able to eat or sleep and he was ready to tell the truth about what happened," Martinez wrote.

Gilbert Escobedo said his wife had started the bath water and left the room when Modesto ran toward the bathroom. Numerous relatives told police that the child had a habit of drinking from the toilet, and Gilbert said he went to stop him, reports said.

"Gilbert said Modesto was just about to the toilet when he grabbed him with both hands by Modesto's right arm and jerked him back to the right. Gilbert said Modesto hit the top portion of his head on the edge of the open bathroom door. Gilbert said Modesto instantly went limp and fell straight down."

Gilbert Escobedo said he tried to revive the child by running water over his face, but he never regained consciousness. He told Martinez that he carried the child to the living room and told his wife to call 911. He told his wife to tell the police that she found Modesto in the tub and they thought he had drowned, reports said.

After relating his story, Gilbert Escobedo stood up and shook Martinez's hand, the detective's report said.

"He told me that he wanted to thank me for allowing him the chance to tell the truth because he knew it was the right thing to do and he could not bear to hold it in any longer," Martinez wrote.

The day Modesto died, Child Protective Services took custody of his three brothers. Medical exams revealed bruising on the two older boys. All three are in foster care.

A charge of injury to a child remains pending against Gilbert Escobedo. He is accused of punching the 3-year-old in the mouth.

Detectives questioned Gracie Escobedo about Modesto's other injuries.

She repeated previous statements indicating that Modesto fell a lot and that he and his brothers were very rough with one another, according to reports.

blangton@lubbockonline.comt766-8795