Hospitalized, man charged in child death

— Since a Jacksonville murder suspect who jumped off a bridge was too badly injured to come to court Tuesday, a Pulaski County Circuit judge tried to take the court to him.

Judge Barry Sims took his court staff to Allegiance Specialty Hospital of Little Rock to formally charge 26-year-old Ausencio Gamaliel Lopez with capital murder in the July death of his 2-year-old stepson. But, at the last minute, Lopez's lawyer said the defendant was too woozy from pain medication to see the judge.

"I would describe Mr. Lopez as sedated and semi-conscious," deputy public defender Bret Qualls told Sims in a hospital conference room. "He does not have all of his faculties."

Sims said he needed proof about Lopez's medication, and nurse Theresa Summers testified that Lopez had taken narcotic pain relievers that morning.

Lopez has been hospitalized since Aug. 16 when police say he slit his wrists and jumped off the Interstate 630 overpass at Battery Street, near Arkansas Children's Hospital, about four hours after Jaden Cotton died at the hospital.

The toddler's mother, 27-year-old Sharilyn Ann Lopez, was arrested the following week. She is charged with permitting child abuse, a Class B felony, which carries a maximum 20 years in prison. Her bail is set at $200,000 and she remains jailed. The couple, married earlier this year, are senior airmen at Little Rock Air Force Base.

But Auscencio Lopez was not charged in the toddler's death until Tuesday. Jacksonville police didn't arrest him because they didn't have the manpower to post a guard at his hospital room, Deputy Prosecuting Attorney Terry Ball told the judge during a Monday arraignment for Sharilyn Lopez.

So when prosecutors filed formal charges on Sept. 28 against the couple, the speedy-trial clock started ticking. The state has only one year from the date charges are filed to bring a defendant to trial. That time can be extended if the defense waives the speedy trial provision.

Prosecutors had another concern, Ball said. Until Lopez was charged, he was under no legal obligation to come to court. Ball said the judge needed to set bail to guarantee Lopez's court appearances.

So Sims went to Southwest Regional Medical Center on Interstate 30, which houses the Allegiance hospital, for the arraignment, the first-appearance hearing for the judge to make sure the defendant knows the charges against him and has access to legal representation.

But Sims never got to see Lopez.

Qualls said Lopez was coherent enough to fill out a portion of a public-defender application but was not able to sign it. Qualls told Sims that Lopez claimed he had been "screaming in pain" earlier in the day and, after taking his pain medication, was not competent to understand the proceedings.

But Qualls did agree to waive the speedy-trial statute until at least March 1, and a Pulaski County sheriff's deputy delivered the arrest warrant to Lopez so Sims could order Lopez held without bond.

The judge also ordered that the sheriff's office was not required to immediately take custody of Lopez, but to check on his condition at least three times a day. Sims ordered hospital staff to immediately report to authorities if Lopez gets healthy enough to move himself or if anyone tries to remove him from the hospital. County officials were concerned because if Lopez was taken into custody, the county would have to take over the costs of his medical treatment.

Lopez's condition was not revealed.

The 2-year-old died from brain damage two days after he was taken to the hospital. The Lopezes told Jacksonville police that he fell out of his bed while at their home at Little Rock Air Force Base. Jacksonville investigators said the toddler was unconscious and suffering a massive head injury when he was taken to the emergency room.

Arkansas, Pages 17 on 10/31/2007

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