• Home
  • News
  • Hefty Challenge: How to Prosecute an Ailing 1,000-Pound Woman?

Criminal Justice

Hefty Challenge: How to Prosecute an Ailing 1,000-Pound Woman?

Posted Aug 22, 2008 12:10 PM CST
By Martha Neil

Authorities in Hidalgo County, in the southern tip of Texas, reportedly have yet to arrest a woman indicted by a grand jury yesterday for first-degree murder in the death of her 2-year-old nephew, as well as injury to a child. She had earlier been charged with capital murder in the case.

"Prosecutors have to work out how Mayra Rosales will be detained and prosecuted because she weighs nearly 1,000 pounds. She is unable to fit through a door to leave her home. As of Thursday evening, she was not in custody," reports the Associated Press.

Rosales, now 27, was taking care of her nephew, Eliseo Gonzalez Jr., when he died in March. Initially, the bedridden woman was thought to have accidentally crushed him to death, but an autopsy showed he had been struck, according to a March article published in the Monitor, a McAllen newspaper, when she was charged with capital murder. She was allowed to remain in bed, on a personal recognizance bond, because she couldn't be put in jail.

"Whatever the county and court system has to do in reference to the death of this child, we'll do it," Hidalgo County District Attorney Rene Guerra said at that time. "We can't let someone's physical disability stand in the way of justice."

While he and Hidalgo County Sheriff Lupe Treviño promised yesterday that Rosales would be prosecuted, "they remained mute about the details of that process," reports the Monitor in another article.

Rosales can't be put in jail, even if she could fit through the doorway of her home, because she needs medical care, according to Treviño.

The toddler's mother, Jaime Rosales, was charged earlier with injury to a child in the case, because she allegedly left him alone with his aunt, in violation of an agreement she had previously signed with Child Protective Services. Rosales apparently was not considered an appropriate babysitter for the boy because she was physically unable to take care of him.

Comments

1.

Willem DeDonis
Aug 22, 2008 4:24 PM CST

Sounds alot like my ex.  Best to tread lightly with such person.  Not worth the grief in the end.

Flag this comment

2.

ccbl
Aug 23, 2008 9:31 AM CST

It sounds to me like there will probably be reasonable doubt about whether or not the bedridden woman accidentally crushed the tike.  If she’s actually found guilty of capital murder, what cell is actually going to accommodate her?  Believe it or not, she might actually benefit from incarceration since the state would then be liable for all of her health care.  The taxpayers would be better off if she’s found guilty of a lesser charge and placed on house arrest with long term probation.

Flag this comment

3.

Heidi O
Aug 25, 2008 1:55 PM CST

How is house arrest punishment for someone who is physically incapable of leaving their house?  I’m not saying I have the answer, but there must be another way.

Flag this comment

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting has expired on this post.