Mathew Garcia was convicted in early February of one count of child abuse resulting in death, one count of child abuse with a great bodily injury enhancement and misdemeanor child abuse, the San Joaquin County District Attorney's Office said.
According to the DA's office, Amber Navarro, Emiliano's mother, first noticed a red spot and a white patch on the baby's mouth on November 10, 2020, and sought medical attention. Emiliano was diagnosed with thrush and sent home, but later that night, he developed a fever, irregular breathing and seizures while under the care of his father.
Emiliano Garcia died in the hospital on November 14, 2020. His cause of death was determined to be severe craniocerebral trauma, resulting from being violently assaulted, the DA said.
Garcia was arrested the previous year and had been serving time for a felony burglary and attempted robbery conviction related to a home invasion with five young children in an apartment.
The California Department of Corrections and Rehabilitation said Garcia was supposed to be released from prison in December 2020, but that he had amassed enough pre-sentence and in-custody credits to qualify him for an early release under the governor's 180-day pandemic release order during that time.
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