Gomez's abuse conviction upheld

Child's death spurred state legislation

SPOKANE - The Washington state Court of Appeals maintained the homicide by abuse conviction for Moses Lake woman Maribel Gomez.

Gomez was convicted of killing her 2-year-old son Rafael "Raffy" Gomez.

Grant County Superior Court Judge John Antosz sentenced her to more than 26 years in prison for abusing "Raffy."

"The trial evidence established that the short life of Rafael Gomez was a very sad one," the appellate court opinion stated. "Born in the back seat of a car on Aug. 7, 2001, with methamphetamine, cocaine and other controlled substances in his system, Rafael was placed in foster care three days later."

The child was taken in and out of foster care for about 14 months after social workers noticed signs of abuse, the court opinion stated. During the time he was in Maribel Gomez's care, he was taken to the hospital twice with burns, broken bones and bruises.

In September 2003 he died of blunt force trauma in Maribel Gomez's care.

Maribel Gomez's appeal stated the prosecution didn't prove the homicide by abuse charge. The prosecution was required to prove Maribel Gomez, acting with an "extreme indifference to human life," assaulted or tortured Rafael Gomez causing his death.

"The numerous injuries, inflicted over a period of time as documented in the two earlier hospital visits and the autopsy report, show repeated assaults," the opinion stated.

The court removed the additional conviction of manslaughter in the first degree because she can't be convicted of the same death twice, the opinion stated. The change won't affect her prison term.

Rafael Gomez's death spurred the state Legislature to pass one of two bills requiring accountability from the Department of Social and Health Services. The bills required background checks for caregivers, ensured neglected youth are not placed in dangerous homes and encouraged a relationship between law enforcement and social workers.