Complete arrest affidavit in the death of 7-year-old Loreyna Barea

Relates to:
Date: 2007-05-25

STATE OF COLORADO

COUNTY OF WELD SS. AFFIDAVIT

In support of a request for the issuance of a warrant for the arrest of Genevieve Barea, hereinafter referred to as Defendant Genevieve Barea, the undersigned affiant, being first duly sworn upon oath, deposes and says:

Your affiant has knowledge of the following facts from which there is probable cause to believe the offense(s) hereinafter described as Child Abuse Resulting in Death 18-6-401 (7) (a) (I), was committed by the Defendant Defendant Genevieve Barea between and including March 7 and March 9, 2007, at 3504 Marigold Street in the City of Evans, County of Weld, State of Colorado, to-wit:

Your affiant is a peace officer for the Evans Police Department and has gained the following information by reading the reports of fellow officers, the statements of the victim and witnesses, and through personal investigation.

On March 9, 2007 at approximately 2:34 am, Officers responded to 3504 Marigold Street, City of Evans, County of Weld, and State of Colorado on a report of a 7 year old female who was possibly deceased. When Officers arrived, Paramedics and Fire Department personnel were already on scene. The seven year old female, Victim Loreyna Barea was pronounced dead at 2:47 am.

Detective Wolf and Weld County Coroner Chris Robillard were notified of the death of Victim Loreyna Barea and arrived on scene shortly thereafter. Detective Wolf and Chris Robillard observed the body of Victim Loreyna Barea which appeared to be very thin. They also observed Victim Loreyna Barea hands and feet were positioned in an unnatural state: The hands were bent inward from the wrist down while the fingers were folded inward from the knuckles down in a clenched state and the feet were very stiff with her toes clenched inward towards the bottom of the feet. Victim Loreyna Barea was fully clothed wearing a long sleeve sweatshirt and sweatpants. The sweatpants were pulled up to the knees revealing two visible bruises on each shin area.

Detective Wolf and Coroner Robillard contacted the permanent legal custodians of Victim Loreyna Barea, Defendant Genevieve Barea and Dan Dwane Partch. The entire family consists of Genevieve Barea, Dan Dwane Partch, deceased 7 yr old Victim Loreyna Barea, and four other children: (names redacted, ages 13, 11, 9 and 6). Defendant Genevieve Barea and Dan Dwane Partch adopted (two of the children in 2003).

They are permanent legal custodians of Victim Loreyna Barea (and the other two children) who have been in their care for approximately two years. The children were home schooled and do not have contact with other children.

Defendant Genevieve Barea and Dan Dwane Partch (stated) Victim Loreyna Barea had been ill on March 7, 2007 prior to her death. They had also said that on March 7, 2007 victim Loreyna Barea had a bicycle accident where she had fallen off of her bicycle. She was displaying symptoms consisting of high fever, vomiting, and spasms in the feet and hands. Both Defendant Genevieve Barea and Dan Dwane Partch stated victim Loreyna Barea had complained of being extremely tired, pain in her legs and the strange occurrence with her fingers and hands posturing which began Wednesday night March 7, 2007 and continued into Thursday, March 8, 2007. It was on March 8, 2007 where victim Loreyna Barea's fingers began seizing and Defendant Genevieve Barea and Dan Dwane Partch mentioned that when the other children were assisting with the care of Victim Loreyna Barea each one of them attempted to pry her fingers to a straight position but were unable to as once they were straightened, the fingers would clench up again. Defendant Genevieve Barea and Dan Dwane Partch advised they were going to take Victim Loreyna Barea to the Emergency room the following day if her symptoms persisted.

Due to the circumstances surrounding the death of Victim Loreyna Barea, an autopsy was scheduled on the body of Victim Loreyna Barea on March 9, 2007 at approximately 12:30 pm at McKee Medical Center in Loveland Colorado. The autopsy was conducted by Forensic Pathologist, Dr. John Carver, and assisted by Deputy Coroner Robillard. Detectives Roosevelt and Wolf observed the autopsy on victim Loreyna Barea. As the autopsy began, Coroner Robillard and Dr. John Carver proceeded to remove the clothing from the body of Victim Loreyna Barea. It became apparent the body of the child was not in a natural, healthy or normal state. The body of Victim Loreyna Barea contained numerous visible contusions and abrasions. The contusions and abrasions on Victim Loreyna Barea's body were of various shapes and sizes consisting of recent and old ones. The autopsy results disclosed approximately 7 contusions and 4 abrasions in the head and neck area, 11 contusions and 8 abrasions in the thorax and abdomen area, 31 contusions and 7 abrasions on the extremities for a total approximation of 49 contusions and 19 abrasions throughout the body of Victim Loreyna Barea. Due to the emaciated state of Victim Loreyna Barea’s body, one could see her hip joints, knee joints, ribs, rib cage, and back bones which were clearly visible under her skin.

It was also discovered by Dr. John Carver that Victim Loreyna Barea had a torn frenulum on the upper lip area as well as lacerations and contusions of the upper inner lip. There was an abnormality in Victim Loreyna Barea’s skin elasticity as Dr. Carver pinched the skin on Victim Loreyna Barea’s stomach area and the skin did not return to normal which according to Dr. John Carver were indicative of signs of severe dehydration. Victim Loreyna Barea’s height was approximately 49 inches, placing her in the 43rd percentile for her age. Her weight was approximately 34.8 lbs, placing her in less than the 3rd percentile for her age. Dr. John Carver stated she was extremely emaciated. There was also a blunt impact to the abdomen resulting in a duodenal wall hematoma and there was a hemorrhage behind the right eye.

Dr. Carver’s autopsy report was completed and determined the manner of death was homicide. The cumulative injuries and lack of medical attention from all of the above resulted in the death of the child. Dr. Carver stated to Detective Roosevelt, "There was no doubt in my mind that if she had been seen by a doctor she would still be alive".

During the initial interview in the early morning hours of March 9, 2007, Defendant Genevieve Barea and Dan Dwane Partch stated they were not aware of injuries or bruises on Victim Loreyna Barea. They stated she was a very happy child who had fallen sick the day before. Defendant Genevieve Barea had admitted to giving victim Loreyna Barea bath hours before she died and Dan Dwane Partch had stated Victim Loreyna Barea had vomited on her shirt and he had to have her change her shirt right before she went to bed. Both custodial parents saw her body naked hours before she died and stated she did not have any bruises or abrasions. Victim Loreyna Barea had been exhibiting symptoms such as vomiting, hands and feet clenching, high fever, and severe dehydration.

Defendant Genevieve Barea and Dan Dwane Partch did not take the children to a medical doctor for regular check ups for illnesses for approximately two years or since the time they took over custodial rights to the children. The children were home schooled therefore there was not a school authoritative figure to step in and see what was occurring with Victim Loreyna Barea. Upon doing a neighborhood canvass of the area around the residence 3504 Marigold, the majority of the neighbors did not see the children outside and some did not even know there were children residing in that residence.

(The four surviving children) were initially interviewed after being placed into protective custody on March 9, 2007 which was the same day as the autopsy. Several of the children gave the same statements as to how Victim Loreyna Barea may have received the scrape on her chin: all of them said she had fallen off of a bicycle but did not see any bruises on Victim Loreyna Barea nor did Victim Loreyna Barea complain about any injuries. Each one made the unsolicited statement of "There is no hitting in our home" when asked about the bicycle incident. The children were placed into a foster home and a second interview with the children was done after two weeks of being placed in foster care. Their statements on the second interview March 23, 2007, were inconsistent with their first interview where all contacts with Defendant Genevieve Barea and Dan Dwane Partch were under supervised visitations twice a week.

The second interview with each child was on March 23, 2007. The children admitted to seeing bruises on Victim Loreyna Barea’s body but could not give a reason as to how she received the bruises. While interviewing (one child) he made the statement that Defendant Genevieve Barea had given him and (another child) "a test". The test consisted of Defendant Genevieve Barea asking them this question: "Do we hit you" and they had "passed the test" because they responded to Defendant Genevieve Barea by saying "No, we don’t get hit". (The child) also mentioned a lock that was on the outside of one of the bedroom doors. He said the lock was placed on the outside of the door when "timeouts" were used as a form of discipline.

Your affiant respectfully requests an arrest warrant be issued for Defendant Defendant Genevieve Barea for the aforementioned charges based on the above information.

Defendant Defendant Genevieve Barea is an American Indian Female, born on January 3, 1962. Defendant Genevieve Barea is 5’02" tall and weighs 140 pounds. Defendant Genevieve Barea has Brown hair and Brown eyes.

Defendant Genevieve Barea’s last known address is 3504 Marigold Street, in the City of Evans, Weld County, Colorado.

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