Father accused in repeated abuse of newborn, 2

By Matthew Reisen / Journal Staff Writer Friday, June 2nd, 2023 at 5:31PM

An Albuquerque man is accused of abusing his newborn child and 2-year-old stepdaughter more than once over the past year — leaving the children with skull fractures and broken ribs.

Gabriel Desoto, 25, is charged with two counts of child abuse resulting in great bodily harm in separate incidents that led to the children being hospitalized repeatedly.

Desoto was booked into the Metropolitan Detention Center Thursday.

The Law Offices of the Public Defender is representing Desoto but had no comment on the case Friday, saying it is "at its very first stages."

Desoto's family declined to comment.

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The New Mexico Children, Youth and Families Department reportedly put two of Desoto's children and two of his stepchildren in foster care after the first abuse case in November. But that case was reportedly dismissed, according to court records, when the children were placed back in Desoto's care and the abuse happened again.

Court records show that, throughout the ordeal, Desoto was in a contentious custody battle with the mother of his other child — alleging he abused the mother and she feared for the child's safety.

Prosecutors have filed a motion to detain Desoto until trial, saying "he has no regard for the safety of others — not even for his own children."

On Nov. 9 officers responded to the University of New Mexico Hospital when Desoto's 6-week-old came in with broken ribs and a tear in his mouth, according to a criminal complaint filed in Metropolitan Court. Desoto told police he was feeding the baby when he threw up blood and turned purple.

Police said Desoto told them "he had no idea" how the baby's ribs broke as the boy had not fallen. Doctors found the broken ribs were a result of abuse and the mouth tear was likely caused by a pacifier being placed "with excessive force."

Doctors examined the other three children living in the home and found his 2-year-old stepdaughter had broken ribs and a skull fracture that were healing, according to the complaint. Doctors found the injuries would have required "significant force" and were signs of physical abuse.

Police said doctors determined all four children were not safe living in the home. Detectives scheduled an interview on Feb. 15 with Desoto and the mother of the children but the couple didn't show up or answer their phones.

On March 4 the 2-year-old stepdaughter was brought into the hospital after reportedly falling off a bicycle while with Desoto, according to the complaint. Police responded due to suspicions of child abuse and the girl having another skull fracture, among other injuries.

Police said Desoto told them he was watching his stepdaughter when she fell off her tricycle while riding around the house. Detectives found messages in Desoto's phone where the mother accused him of not liking the stepdaughter, abusing her and not wanting to bring her to the hospital.

Police retrieved the stepdaughter's medical records on April 3 which said her injuries were not consistent with a fall from a bike, according to the complaint. The medical records stated that the girl also showed signs of malnutrition as well as testing positive for COVID-19.

Police said doctors wrote that CYFD placed the children in foster care with their grandparents after the November abuse case. The medical records said that initial abuse case "was dismissed" and the children were put back into Desoto's care by CYFD before the stepdaughter was injured again.

"I am highly concerned for abuse and neglect and feel that the child is at extremely high risk of death from further injury if she is placed back with (Desoto and the mother)," the doctor wrote in medical records, according to the complaint.

Police said they reached out to Desoto and the mother in late April to ask if they wanted to talk. The mother reportedly declined to give a statement and Desoto told police he would let them know "at a later time."