Arrested, then released in 2016 death of toddler, Fresno man booked again in case

A man arrested and then released in the beating death of a 14-month-old toddler is back in Fresno County Jail after he was rearrested Wednesday by Fresno police.

Kenneth Johnson, 31, was arrested in December 2016 in the slaying of Jose Luis Espinosa after police reported that he confessed to detectives that he punched the boy in the stomach. Fresno Police Chief Jerry Dyer said then that Jose died from internal trauma. Police said Johnson, the live-in boyfriend of Jose’s 20-year-old babysitter, told detectives he was frustrated by the baby’s crying.

However, Johnson was released a short time after the arrest when District Attorney Lisa Smittcamp referred the case back to police. In a news release issued after her decision, Smittcamp outlined legal factors and said “the law requires that there be other evidence of the crime independent of the accused’s statement in order to file criminal charges or obtain a conviction.”

In such a case, charges by a district attorney normally must be filed in 48 hours. Steve Wright, a spokesman for the district attorney, said Thursday the case had not been resubmitted to his office by Thursday morning, so he could not comment on what would happen next.

Police public information officer Mark Hudson did not elaborate on the reasons for Johnson’s rearrest.

This story was originally published January 4, 2018 at 12:57 PM with the headline "Arrested, then released in 2016 death of toddler, Fresno man booked again in case."