Man sentenced to 15 years in death of 4-year-old boy

Published: Oct. 18, 2010 at 11:14 PM MST|Updated: Oct. 26, 2010 at 12:11 AM MST

By Barbara Grijalva - email

TUCSON, AZ (KOLD) - The Tucson man accused in the death of a four-year-old boy was sentenced to 15 years in prison Monday.

In a plea deal, Alejandro Romero pleaded guilty to manslaughter in the death of his then-live-in girlfriend's son, Fabian Silva.

The child died in 2008.

The original charges against Romero included first degree murder and child abuse.

Before the judge pronounced sentence on Romero, the child's father made a tearful plea for the maximum penalty of 21 years.

"His death impacted my life for the rest of my life. I feel he (Alejandro Romero) deserves the maximum," said Oscar Silva.

Romero also addressed the court, saying, "There's not a day that goes by that I don't miss him and I don't regret not taking the proper actions."

Romero admitted he did not rush to get help for the dying child.

Romero claimed little Fabian had fallen down the stairs.

He asked for mercy from the court.

The prosecution, though, argued Romero repeatedly abused the boy for wetting his pants and his bed.

Prosecutor Susan Eazer said Romero, "Took a young child's life in a brutal senseless manner."

"For these reasons, Your Honor, as well as his clear refusal to accept true responsibility for what happened to Fabian, his prior criminal history, and the age of the victim in this case, the state is requesting that the court sentence the defendant to 21 years in prison," Eazer said.

When Fabian's father addressed the court, he also asked for the maximum 21-year sentence.

"I can still hear his little voice, calling me daddy, daddy," Silva said as he sobbed.

Defense attorney Brick Storts told the court a 12-year sentence would be fair.

"What I'm saying is that the plea that we entered and that Mr. Romero has consistently maintained throughout...that he did not hit the child or thrown him down the stairs or anything of that nature," Storts said outside the courtroom, after the sentencing.

Last year Fabian's mother, Marina Baker, pleaded guilty to child abuse, and got seven years probation.

Child protective services had been involved in little Fabian's case before he died.

With good behavior, Storts estimated Romero could be out of prison in 11 to 12 years.

The child's maternal grandparents said this case is a warning.

Marina Rodriguez said, "I hope it opens up the eyes on young women with children that these things can happen to you, and to be very protective."

Her husband Martin Rodriguez said, "My belief was that I was hoping was that it would show other people that it's something to think about when you're taking care of somebody else's kids, or his-and-hers kids."

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