Fresno father on trial, accused of shaking 5-month-old son, causing severe brain injury
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A Fresno man is on trial for allegedly shaking his 5-month old baby so hard, the child can no longer see, speak or move his limbs.
Amador Angel Zapata, 37, is charged with assault on a child under the age of 8 resulting in a comatose state and child abuse and endangerment.
He faces seven years to life in prison for the assault charge and 12 years for child abuse.
Deputy District Attorney Amy Cobb described baby Adrian as having a rough start from the beginning. He was born prematurely, about two months before his due date. Although he was making progress in hitting his developmental milestones, he still was behind.
Things got worse in June of 2016 when Adrian caught a virus, causing him to have a fever and to vomit. The 5-month-old Adrian had become dehydrated and was rushed to Community Regional Medical Center where he was treated.
After the child was stabilized, he was taken to the apartment of the mother, Nicole Valenzuela, Cobb said. She put the baby down to sleep and then went to pick up her daughter, who was at her grandmother’s house.
Cobb said Zapata, who was alone with the baby, then sat down and started to roll a marijuana cigarette. What happened after that was tragic, Cobb said.
When Valenzuela returned about a half hour later, she found her son lifeless and non responsive.
“She knew something was incredibly wrong,” Cobb said to the jury.
When asked to explain what happened Zapata offered conflicting stories. He told detectives the child fell out of the bassinet, then he said he accidentally dropped the baby. He also said the baby was choking and he might have shaken him, trying to resuscitate Adrian.
Cobb said the doctors knew what happened. Injuries like those inflicted on Adrian are typical of abusive head trauma — or Shaken Baby Syndrome — as it used to be called.
“These type of injuries do not occur by accident,” she said. “This baby was shaken.”
Defense say other explanations possible
But Zapata’s defense attorney Marina Pincus said it isn’t a clear cut case of abusive head trauma. Pincus said there are other possible medical explanations for the child’s injuries — including a procedure done by the doctors that can cause retinal hemorrhaging, a tell-tale sign of abusive head trauma.
Pincus said Zapata loved his son and even Valenzuela supported him until police detectives put doubt in her mind.
“Her faith in Angel was unwavering,” Pincus said. “She did not believe Angel hurt his baby.”
Pincus said Zapata offered a different version of the events that night. Zapata said he was in the other room rolling a cigarette when he heard the baby making a gurgling sound. Pincus said Zapata thought the baby had vomited and was choking on it. He picked up Adrian and puts him on the bed, trying to revive him, according to the defense attorney.
Soon after Valenzuela arrived at the home, Zapata yelled for her to come into the bedroom, where she saw their lifeless son, Pincus said.
They call 911 and the baby was taken to the hospital, where at least one doctor said it looked like the baby may have swallowed some vomit, Pincus said.
But the prosecution said doctors also noticed other injuries and order a CT scan of the baby’s brain. After the results come back, doctors suspected the child has been violently shaken.
Officials with Child Protective Services and the police become involved and Zapata was later arrested and charged.
The trial continues Monday in Dept. 74, the courtroom of Judge Alvin M. Harrell III.
This story was originally published March 13, 2020 at 5:50 PM with the headline "Fresno father on trial, accused of shaking 5-month-old son, causing severe brain injury."
