Warning: Some readers might find the details included in this story disturbing.
A Worcester, Massachusetts, man accused of assault after the death of his 4-year-old daughter was held without bail following a dangerousness hearing on Wednesday, when prosecutors revealed disturbing new details in their case against him.
Francisco Ortiz, 34, appeared in Worcester District Court Wednesday. He is facing charges of assault and battery on a child with substantial injury, permitting substantial injury to a child, another county of assault and battery, two counts of permitting injury to a child and reckless endangerment of a child.
Police were called to Ortiz' home at the Sever Square Apartments about 4:30 p.m. on Oct. 15 for a report of a 4-year-old who'd fallen on the floor and was unresponsive, and when officers arrived, Ortiz was the only adult at the home. He allegedly said the girl had fallen off a kitchen table.
The child was rushed to UMass Memorial Medical Center, where she was pronounced dead, court documents said.
During the hearing, Assistant District Attorney Courtney Sans said when first responders arrived the child was wearing only a shirt, was covered in feces and was cold to the touch. She detailed the significant injuries the child had suffered.
“The child’s bruises were significant and injuries included her left eye, left and right earlobe, both sides of her neck and chin, her left and right arms, across her upper chest, her abdomen, both hips, her knees, her lower legs, her feet as well as her neck and abrasions on her back," Sans said.
An autopsy also found that the child had a skull fracture and multiple rib fractures that were in various stages of healing, prosecutors said. Doctors said the skull fracture was consistent with falling two stories, not a fall from a table. Investigators are still awaiting a ruling on the cause and manner of death.
If you or someone you know is experiencing domestic violence, contact the National Domestic Violence Hotline by calling 1-800-799-SAFE (7233), visiting www.thehotline.org or texting LOVEIS to 22522.
Sans also noted that there were two other children at the home - now 2 years old and 6 years old - who also had various injuries. These included a skull injury on the 2-year-old. The children were "severely" malnourished, prosecutors allege, and the 6-year-old tested positive for fentanyl.
The 6-year-old, who prosecutors described as nonverbal, does not attend school and was not able to give law enforcement a personal account of the situation at home.
Ortiz, who lives with his mother, is the primary caretaker for the children, the prosecution said. The children's mother does occasionally participate as well. Ortiz, his mother, and the mother of the children all denied that the children were abused.
Sans also noted that when police first arrived to the family's apartment it was in "disarray" and a search warrant found signs of drug use in the home. Ortiz has had past issues of substance use, prosecutors said.
All this, Sans argued, paired with Ortiz's past criminal records in Worcester and Shrewsbury - a history that the prosecution said documents involvement in violent incidents - should be grounds for declaring him dangerous and holding him.
A defense attorney for Ortiz argued that the only persons put at risk by Ortiz's release would be the children, who are now in the custody of the state. He noted that Ortiz was the one who called 911 for help and claimed his client was forthcoming with first responders.
"This is, albeit a tragic case, but it is it is a child abuse case," the defense said, arguing that it was not appropriate to make a dangerousness declaration and saying the prosecution's case involved "multiple layers of hearsay" while they await final results from the autopsy.
However, the judge agreed with the prosecution and declared Ortiz dangerous, ordering him held for 120 days. A probable cause hearing was scheduled for Nov. 20.
The Massachusetts Department of Children and Families previously told NBC10 Boston in a statement that it "took custody of the children living in the home and is investigating in collaboration with law enforcement."
