Uncle admits to LPD he caused infant's injuries

3/6/02

(AP) - The uncle of a 22-month-old boy has admitted to police that he, not his wife, caused the fatal injuries to the toddler last month.

Prosecutors had initially charged Gracie Escobedo, 42, with the death of her nephew, Modesto Blanco, Feb. 10.

But the boy's uncle, Gilbert Escobedo, told investigators he was trying to keep Modesto from drinking water from a toilet and grabbed the boy's hands and jerked him back.

The top of the boy's head hit on the edge of the open bathroom door and Modesto instantly went limp and fell straight down, according to the Lubbock Avalanche-Journal's Tuesday editions.

Gilbert Escobedo said he tried to revive the child by running water over his face, but he never regained consciousness. He told investigators 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.

Gilbert Escobedo, who told investigators he made the admission because he had been unable to eat or sleep, was arraigned on a capital murder charge Monday and bail was set at $500,000.

Modesto died 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.

Capital murder charges against Gracie Escobedo will be dismissed but she will face misdemeanor charges - likely perjury and obstruction of justice - for impeding the police investigation, Lubbock County prosecutor Matt Powell said.

The Escobedos had custody of Modesto and his three brothers, ages 7 months, 3 and 5 1/2. The children's parents lost custody to the state.

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

The day Modesto died, Child Protective Services took custody of his three brothers. All three are in foster care.