Man accused of killing Fresno toddler claimed someone else responsible, officer testifies

Who killed 23-month old Julius Lopez? The Fresno County District Attorney’s office believes the mother’s boyfriend, Gage Hurtado is responsible for the child’s death.

He is charged with first degree murder and faces 15 years to life, if found guilty.

But during a preliminary hearing Thursday, Hurtado’s defense attorney David Mugridge raised the possibility that someone else may have killed the child: Julius’ mother, Nicole Lopez.

Mugridge said it was Hurtado who called the police asking for help the morning of Sept. 20, 2017. When police arrived at the couple’s southwest Fresno apartment, Hurtado told them Lopez was responsible for the child’s death.

Under questioning by Mugridge, she denied any involvement.

“There are two people that could have hurt your son, you or Gage,” he said.

A tearful Lopez replied, “Yes, but I wouldn’t hurt my baby.”

Fresno police officer Joel Santos testified that when he first arrived, he found a frantic Hurtado in the front yard. After he entered the couple’s apartment, he said Lopez appeared confused, asking repeatedly why the police were called.

Santos said he asked where the baby was and Lopez said her son was asleep in a bedroom. When the officer entered the bedroom he found the child unresponsive.

“His arms were slightly bent and he was motionless,” Santos said. “I felt the baby and he felt cold to the touch.”

Santos immediately began CPR. He checked for a pulse and didn’t find one. He took the baby off the bed and placed him on the floor where he began chest compressions. No response.

Emergency medical personnel arrived and tried to revive the child, but they could not. Julius Lopez was declared dead at the scene.

The Fresno County Coroner’s Office determined the boy died of blunt force trauma.

Officer Roman Aguiniga testified that Hurtado blamed Lopez for her son’s death. Hurtado told the officer that when he got up that morning at about 9:30 a.m. he walked into the child’s room to wake him up. Hurtado said he was tapping the child on the shoulder, and Lopez stepped in and began strangling the child, Aguiniga testified.

Deputy District Attorney Ryan Wells said Lopez trusted Hurtado with her son and was shocked to find out what happened that morning. She and Hurtado moved in together in March, 2017, several months after connecting on the dating app, Tinder.

Lopez testif he was good to her son, buying him gifts and helping to take care of him while she was at school or work. She said they ended their relationship on September 20, the day her son was killed.

“He (Hurtado) did a horrible thing,” she said. “I don’t know specifics but I don’t have my son.”

The hearing before Judge Brian Alvarez continues Friday.

This story was originally published June 20, 2019 at 6:30 PM.