ALBUQUERQUE, N.M. — An Albuquerque mother and her boyfriend who are facing child abuse charges in a case that left a 1-year-old boy in a medically induced coma will not await trial in jail, a judge ruled on Monday.
Dahn Leidy, 24, and Florencio Mendoza, 35, were arrested last week on suspicion of child abuse resulting in great bodily harm and tampering with evidence. They will now be released with certain conditions they will have to follow. They remained in jail late Monday, according to online records.
Both Leidy and Mendoza appeared in state District Court on Monday for a detention hearing.
Second Judicial District Judge Cristina Jaramillo denied a petition for pretrial detention, and ordered both Mendoza and Leidy be released.
Mendoza called Albuquerque police last Monday and said Leidy told him she was going to “hurt the baby, watch him die and commit suicide,” according to a criminal complaint filed in Metropolitan Court.
When police arrived at Leidy’s home in the 8200 block of Bridge SW, they knocked on the door for 30 minutes before she answered, according to the complaint.
An officer wrote in the complaint that the baby had “bluish skin” near his nose and mouth, and a cut on the side of his lip.
At the hospital, doctors found internal injuries to the child’s lungs and liver.
Prosecutors had filed a petition to have both jailed until their trial.
In Leidy’s case, prosecutors said the evidence against her is strong and that her drug use made them concerned that her behavior is “escalating.” In Mendoza’s case, prosecutors argued that he had failed to appear in court before in prior cases.
Pretrial services completed a risk assessment of both defendants and recommended that both be released with certain conditions.
Leidy’s conditions include that she not have any contact with a child 10 years old or younger, and Mendoza cannot stay at a residence with Leidy, according to court documents.
The state Children, Youth and Families Department was investigating Leidy and her son at the time of alleged beating, Cabinet Secretary Monique Jacobson told the Journal last week. Police had been called to the home in early July when the child was found walking alone and without shoes, pants or a shirt at Leidy’s apartment complex.
A police officer checked with Leidy, examined her home, didn’t find any bruising on the child and noted that the child was “laughing and playing with a football,” according to the police report.
Leidy also has a 3-year-old son who is living with his grandparents.
Records show that CYFD initiated a child abuse safety plan, placing her older son with the grandparents while they investigated the family. The two children have different fathers, according to court records.