Gomez guilty of killing Raffy

EPHRATA — A Grant County judge found Ephrata mother Maribel Gomez guilty in the homicide-by-abuse trial stemming from 2-year-old Rafael "Raffy" Gomez's September 2003 death.

Gomez, a 32-year-old illegal immigrant from Mexico, was charged with homicide by abuse and first-degree manslaughter for Raffy's death.

She's guilty on both counts, according to Grant County Superior Court Judge John Antosz's ruling Wednesday, which came a little more than a week after closing arguments were heard in the case. Antosz, who presided over the non-jury trial, made the ruling in a courtroom packed with law enforcement personnel, family of Raffy's Royal City foster parents, members of Gomez's family and the media.

Antosz said he considered every injury Raffy suffered and tried to determine who was responsible.

"I can't just look at the constellation or forest (of injuries) and say that's the end of the analysis," Antosz said.

He continued reading from 14 pages of notes he used to deliver his verdict.

"Clearly there was a pattern or practice of assaults or torture."

Gomez, who has five other children in foster care, wailed in a hallway leading to Grant County Jail as she exited the courtroom after being told she recklessly, with extreme indifference to human life, caused Raffy's death.

She is tentatively scheduled to be sentenced by Antosz early next week. She faces up to 26 years in prison, followed by possible deportation.

Grant County Prosecutor John Knodell said he's grateful for a conviction following the month-long trial.

"This case reminds us of a terrible human toll we suffer every day due to this type of abuse," the prosecutor said.

An autopsy by the Spokane County Medical Examiner indicated Raffy suffered as many as four skull fractures, severe and repeated injury to his shoulders, two broken legs, burns and numerous deep bruises. He died of blunt-force trauma to the head.

The defense attempted to show Raffy died from choking on vomit, not the head injury as the prosecution indicated.

A timeline provided during trial by prosecutors showed all the injuries occurred while Raffy was living with Gomez and his father, Jose Arechiga, who was not charged with abuse.

Raffy was born on Aug. 7, 2001, in the back seat of Gomez's car with cocaine and methamphetamine in his system. He was placed in foster care three days later, but after 10 and a half months was placed back with Gomez by the state Department of Social and Health Services (DSHS).

Social workers placed Raffy three more times with his foster parents, Bruce and Denise Griffith, after doctors reported suspicious injuries on Raffy. But after each healing stint spent with the Griffiths, he'd be returned to Gomez. Raffy spent more than half his life with the Griffiths, never sustaining an injury while in their care requiring medical attention.

The Griffiths blamed the state's foster care system for the boy's death.

The state released a child fatality review completed by a team of 13 experts who spent six months investigating Raffy's death. The conclusion was social workers ignored evidence of abuse and acted with bias in favor of the biological parents. Social workers kept pushing for reunification with Gomez when the risks were numerous, the report concluded.

Denise Griffith told reporters after the verdict that social workers, such as Moses Lake-based Murray Twelves, failed to make Raffy their primary focus. Twelves was Raffy's case worker during the boy's second and final year.

The foster mother said neither Twelves, an employee of DSHS, nor a worker previously assigned to the case handled their relationship with Gomez professionally.

"They're (called) Child Protective Services, not parent protective services," she said. "(Raffy) should've been No. 1 and he never was."

"They need to fire everybody working in the office and completely restructure the whole DSHS system," Bruce Griffith said. "Everybody in there looks out for each other and they're too worried about a paycheck and don't care about the kids."

The Griffiths believe Gomez needs help and said they've forgiven her for Raffy's death.

As Arechiga left the courthouse, he said Gomez was discriminated against because she's a Mexican.

Defense lawyer Bobby Moser, who handled the case pro bono, said he was braced for any possible verdict.

He said Gomez is likely to be sentenced to 20 years and her children are likely to be adopted by a family member, possibly their grandmother.

"I believe we actually proved our case, which we weren't required to do," Moser said. "I thought the evidence for choking, that (Raffy) died of choking, was very strong."

Moser plans to appeal the decision. He may continue working the case to assist with the appeal.