When now-retired Albuquerque Police Department Detective Maureen O’Brien was called to a local hospital to investigate the death of a child five years ago, she was horrified at what she saw when she laid her eyes on the body of four-year-old James Dunklee Cruz.
“I knew this wasn’t an accident. He didn’t fall. I knew as soon as I saw him that he was beat to death. I didn’t need an autopsy…he was bruised literally from the top of his head, to the tips of his toes, front and back,” she told City Desk ABQ..
Minutes earlier the boy’s mom Krista Cruz was sentenced Thursday to 22 years in the New Mexico Department of Justice, with 10 incarcerated, and the remainder on probation.
In September, Cruz pleaded guilty to four counts in connection to James’s murder. One count of child abandonment resulting in death, two counts of child abuse, and one count of failing to report abuse.
James died at the hands of his mother’s roommates Pamela Esparza and Zerrick Marquez. Marquez is now serving a life sentence for the murder, and Esparza was sentenced to 13 years incarcerated, with five years of probation.
New Mexico’s Children Youth and Family Department recently settled a $4.9 million wrongful death lawsuit in James’ murder for allowing him to continually go back to his mother.
Within your heart of hearts, you knew
Cruz was sentenced in a virtually empty courtroom. No victim impact statements were given, and she herself didn’t address the court during the hearing.
Wearing black leggings and a black hoodie, Cruz was cuffed and immediately remanded to begin her sentence. She was allowed to hug the one person, a man, who was there for her, before being taken to prison.
Before Presiding Judge Stan Whitaker handed down her sentence, he confronted her with some strong words, stating that he was beside himself trying to understand how a mother could have let this happen to her child.
During the hearing, Licensed Clinical Psychologist Bethany Edwards, told the court that Krista was a victim herself of childhood abuse and trauma. Edwards said she diagnosed Cruz with Major Depressive Disorder, severe PTSD, Psychosis, Borderline Personality Disorder and a mild case of Alcoholism.
Cruz’s Defense Attorney Ed Bustamante told the court that his client suffered years of trauma, and she just shut down when people were telling her that James was being hurt.
“I think some people just shut down and when people were telling her look, it’s possible that your child is in danger,” he said.
Even with her diagnosis, Whitaker said he didn’t understand how Cruz could have reacted this way to her own son. He said he knew many people who faced significant challenges, but they did not conduct themselves the way Cruz did in this case.
James, he said, was crying out for help, and Cruz, his mother, who was the one person who should have helped him, did not help him.
“I can’t imagine as a mother that you couldn’t have seen the bruising. That you couldn’t have recognized the broken bones and the flimsy excuses that were provided to excuse away,” he said.
Whitaker said a diagnosis wasn’t going to be used as an excuse in his courtroom for James’ murder.
“It can’t be used as a justification for not protecting this child. It cannot, and will not by this court be accepted as an excuse…This could have been prevented. James could be here today,” Whitaker said.
Upon sentencing, Whitaker told Cruz that he believes she knew within her heart of heart that James was being abused.
‘I dream that I won’t be hit again’
Deputy District Attorney Savannah Brandenburg-Koch told the court Thursday that James was born Jan. 17, 2015, when Cruz was 17 and still in CYFD custody. James was her second child. Her first child was born in 2014 and Cruz’s parental rights for that child were terminated.
When Cruz was a child, Brandenburg-Koch said her mom had 22 CYFD referrals for extreme neglect and drug issues, but when she aged out of the system, her plan was to go back to her mother who had neglected and abused her, which Brandenburg-Koch said was concerning.
“In James’ short life of four years, there were nine investigations and 13 CYFD referrals,” she said.
The first investigation occurred right after James was born, when she said she was going to live with her mother. Then, two months later a new investigation was initiated for medical neglect and other abuse. At that time, Cruz was ordered to attend parenting classes, but she did not.
Brandenburg-Koch told the court that prior to his death in 2019, he told a nurse that he’d been being hit. He had indications of sexual abuse and said that he couldn’t sleep. The nurse asked him if he could drink, and he said, “I dream that I won’t be hit again.”
“There were extreme external injuries to James when he was murdered, and not only new injuries from that day, but a lot of old injuries. And the court’s aware that he had over 50 internal injuries including multiple brain bleeds, three jaw fractures, a lacerated liver, a lacerated pancreas, a belly full of blood, torn muscles in his legs,” she said.
External injuries, she said were bruising all over his body and face, and burns all over his body and face.
“There is no way that Krista Cruz did not know that at least in those four months that her son was being physically abused, not only because of how he looks, because he told her multiple times, people, other adults too,” Brandenburg-Koch said.
‘Now it’s over’
Though now retired, O’Brien sat next to Brandenburg-Koch in court for the sentencing, because she wasn’t going to miss the resolution of this case.
“Nothing could keep me from being here,” she said.
Since James’ murder, O’Brien said that she and Brandenburg-Koch have been working tirelessly to get both Cruz and Esparza sentenced for his death.
“Now it’s over,” she said.