Mother pleads guilty to child abuse in son's 2019 death

Krista Cruz pleaded guilty Wednesday to four criminal offenses and faces up to 20 years in prison for her role in the 2019 beating death of her 4-year-old son at the hands of her roommate.

Cruz, 28, was only 17 and still in foster care when she gave birth to her son, James Dunklee Cruz. James died in December 2019 following a severe beating that raised questions about the role of the New Mexico Children, Youth and Families Department in the boy’s life and death.

Cruz has two co-defendants in the boy’s death. Zarrick Marquez, 30, was sentenced last year in 2nd Judicial District Court to life in prison after he pleaded guilty to intentional child abuse resulting in James’ death.

And Pamela Esparza, 25, faces a felony charge of reckless abuse of a child. Her trial has not been scheduled.

Assistant District Attorney Savannah Brandenburg-Koch told a judge Wednesday that James was taken to an emergency department in October, about two months before his death, where he was treated for severe injuries. James told CYFD officials that his injuries were the result of abuse by his mother’s roommate.

“Ms. Cruz was notified by CYFD that she was not to return to the residence of Mr. Marquez or Ms. Esparza and that James was not to be left in their care,” Brandenburg-Koch said. “She returned back to that residence shortly after that meeting (with CYFD) in October 2019.”

Cruz began living in Marquez’s residence in September 2019 when the abuse began, she said.

After returning to the residence, James was “abused continuously” until the day of his death on Dec. 10, 2020, Brandenburg-Koch told state District Judge Stan Whitaker.

Cruz went to work that day, leaving the boy in Marquez’s care “knowing the potential risk of his death,” she said.

Cruz pleaded guilty to child abuse resulting in death, two additional felony counts of child abuse, and a misdemeanor charge of failure to report child abuse.

Whitaker reminded Cruz repeatedly to speak audibly into the microphone. Cruz later wept after she returned to the defense table.

Under her plea agreement, Cruz faces between zero and 20 years in prison at sentencing. Whitaker did not set a sentencing date on Wednesday.

Cruz’s attorney, Edward Bustamante, told the judge that “clearly it was Mr. Marquez who caused James death,” but that prosecutors likely could prove the charges against her at trial.

A lawsuit filed against CYFD in 2021 alleged that James was treated at Duke City Urgent Care on Oct. 18, 2019, for a shoulder injury and bruising to his genitals. Those injuries were the 13th referral of abuse or neglect during James’ lifetime and the fifth referral in just over a month, according to the suit. That lawsuit remains pending in 2nd Judicial District Court.

Cruz herself had been a ward of the state since age 10 after experiencing physical abuse and neglect, excessive discipline and educational neglect in her home.

Cruz spent ages 11 through 18 in the custody of CYFD. Her mother’s parental rights were terminated in 2009 after CYFD received at least 22 referrals of abuse and neglect and urged she be removed from the home.