A Doña Ana County woman faces a first-degree felony child abuse charge after investigators allege she choked her 6-year-old daughter until the girl could not breathe.
Angela Gomez Luera, 26, was arrested Tuesday, Oct. 20, on a warrant charging her with intentional or reckless child abuse resulting in great bodily harm, according to documents filed in Doña Ana County Magistrate Court, as first reported by KTSM.
The charge is a first-degree felony under New Mexico law.
Father notices injuries
The investigation began Oct. 11 when a Doña Ana County Sheriff's Office deputy responded to Memorial Medical Center in Las Cruces on a report of child abuse, according to Organ Mountain News.
The girl's father, Joseph Gutierrez, told investigators he had picked up his daughter from Gomez Luera's care around 7 p.m. that evening and noticed visible injuries on her face, according to the probable-cause statement. Gutierrez and Gomez Luera share custody of the child, court records state.
The girl told her father that her mother had placed her in a chokehold. Gutierrez took her to the hospital for evaluation.
A responding deputy observed redness around the girl's neck and eyes and visible injuries to her face, according to the affidavit. Investigators learned the alleged choking lasted several seconds while the child was in her mother's care at a residence on Fox Road in Doña Ana County.
Gutierrez took his daughter to MountainView Urgent Care on Valley Drive for a follow-up examination Oct. 13, court documents state.
Child describes incident in forensic interview
On Oct. 14, Detective Benjamin Perkins of the sheriff's office went to the child's school to continue the investigation, according to the probable-cause statement. Another sheriff's official who had encountered the girl observed redness around her eyes and bruising around her eyelids.
The detective learned the girl had complained of pain to the school nurse and asked for an ice pack.
A forensic interview was conducted by La Piñon at the school. During that interview, the girl said her mother placed her in a chokehold while she was crying. She told investigators she could not breathe and that her mother released her after she screamed.
The criminal complaint states the child said her mother "made her die" while choking her.
Court documents also allege Gomez Luera told her daughter not to tell anyone about the incident and promised to buy her a "squishy" toy if she kept it secret.
Arrest and charge
A magistrate judge found probable cause Oct. 14, and an arrest warrant was issued that day. The criminal complaint was filed Oct. 15, charging Gomez Luera with one count of intentional or reckless child abuse resulting in great bodily harm.
Gomez Luera was arrested around 3:16 p.m. Tuesday, Oct. 20, and booked into the Doña Ana County Detention Center at 4:50 p.m., according to detention center records. The arrest warrant initially specified no bond. The detention center booking report subsequently listed a $0 bond amount and release-on-recognizance designation. An October 22 report said Gomez Luera had been released on her own recognizance.
In a separate domestic violence case, a district court judge issued a temporary order of protection prohibiting Gomez Luera from contacting the child, KOAT reported.
The charges and statements in court filings are allegations. No public statement from Gomez Luera or an attorney representing her appears in available court records.
Residents who suspect child abuse or neglect can contact the New Mexico Children, Youth and Families Department (CYFD) Statewide Central Intake at 855-333-7233.
