LOS ANGELES – An attorney representing the family of a 10-year- old boy who was allegedly tortured and murdered by his mother and her boyfriend in Lancaster called Tuesday for a criminal investigation into social workers who investigated allegations of abuse in the household.
“This is a case of flat-out, deliberate indifference toward the life of Anthony Avalos,” the family’s attorney, Brian Claypool, said at a news conference outside the Los Angeles headquarters of the county Department of Children and Family Services. “These records that we have today clearly demonstrate and social workers within L.A. County DCFS had massive red flags of a household replete with horror, a household where many of the kids were allegedly abused, not just Anthony Avalos. Because of this, we are calling for a criminal investigation. We would like social workers investigated for child abuse and criminal negligence.”
The boy’s mother, Heather Maxine Barron, 28, and her boyfriend, Kareem Ernesto Leiva, 32, are charged with killing the boy, and torturing him in the days leading up to his June 21 death. The two are awaiting arraignment Aug. 3 in a Lancaster courtroom.
Deputies and paramedics responded to a 911 call from Barron about 12:15 p.m. June 20 and found her son unresponsive inside his family’s apartment.
Claypool — who was joined by the boy’s father, Victor Avalos, and the boy’s aunt and uncle, Maria and David Barron — said he has obtained documents that are a “recipe for a criminal investigation,” noting that the records show 18 separate investigations into the household by DCFS over a four-year period beginning in 2013 and 88 alleged instances of child abuse, sexual abuse and child neglect.
“We have counted 15 substantiated allegations of child abuse, sexual abuse, physical abuse,” Claypool said. “Of those 15 substantianted, we have counted at least two, possibly three substantiated sex abuse claims. Now you tell me if that was not enough information for a well-trained, compassionate social worker to immediately remove and permanently remove not only Anthony Avalos but all those (six other) kids in the house.”
The Los Angeles County District Attorney’s Office declined to comment on the family’s request, according to a spokesman for the office.
In a statement released shortly after the family’s news conference, DCFS Director Bobby Cagle said, “As our department grieves the senseless death of Anthony Avalos, my primary focus must be on the in-depth, top-to-bottom review now underway to determine exactly what happened and what needs to happen to safeguard innocent lives going forward.”
“We also are committed to doing all we can to cooperate with the Sheriff’s Department as their criminal investigation proceeds,” he said. “Thank you for understanding that these are my most urgent priorities. We will be happy to share additional information and insights with you when appropriate.”
Prosecutors contend in court papers that Anthony was severely tortured during the last five or six days of his life, alleging that Barron and Leiva “abused, beat, assaulted and tortured Anthony Avalos,”
The alleged abuse included whipping the boy with a belt and a looped cord, pouring hot sauce on his face and mouth, holding him by his feet and dropping him on his head repeatedly, according to the court papers filed earlier this month.
Speaking at Tuesday’s news conference with Claypool, Anthony’s aunt, Maria Barron, said her nephew “did not deserve all the pain he endured.”
“Why? Why did DCFS fail him?” she asked. “Why did they not take action? He had so many people that loved him, so many people willing to take him in.”
She called the boy a “true hero” who “had to sacrifice his life in order to save his siblings.”
The boy’s uncle, David Barron, said, “The system was supposed to be in place to protect him and they failed to do their job, and now we are feeling the repercussions of it. We are missing our Anthony now because they failed to do their job when they had proof. They had the evidence right there on these documents and they refused to do anything about it. We’re here to make sure this doesn’t happen again to (any) other kid. No family should be having to go through what we’re going through.”
He said that he and his wife kept the children at their house “once the kids admitted to us about the abuse that was going on at the house,” but the childrens’ mother was deemed fit two weeks later for the children to return to their household and that he and his wife had done everything they legally possibly could since they were not the biological parents.
“She (the boy’s mother) stopped contacting us for three years after we made those reports because she was holding a grudge against us so we weren’t able really to know what was going on after that,” David Barron said, telling reporters that authorities “basically signed his (Anthony’s) death warrant by putting him back in the house with them.”
The boy’s father — who wiped tears from his eyes during the news conference — told reporters he also wants justice for his son.
About two years ago, the District Attorney’s Office filed charges against two former social workers and their supervisors, who are awaiting trial on charges of child abuse and falsifying records for allegedly failing to protect another boy — 8-year-old Gabriel Fernandez of Palmdale — from deadly abuse by his mother, Pearl Fernandez, and her then-boyfriend, Isauro Aguirre.
Aguirre was convicted this year of first-degree murder and sentenced to death, and the boy’s mother was sentenced to life in prison without the possibility of parole after pleading guilty in the boy’s death.
A county Office of Child Protection was also established to transform the child welfare system in response to Gabriel’s death.
Last month, the county Board of Supervisors approved a motion by Supervisor Kathryn Barger calling for a thorough review of why Anthony wasn’t removed from his family home, despite multiple reports to the DCFS.
“You had teachers, you had family members, you had law enforcement come in contact. And yet, Anthony’s at the morgue; we’re awaiting autopsy results,” Barger said. “One has to wonder what it’s going to take to get the attention of not only the social workers, but the public in general, because I’m told that neighbors also were aware of what was taking place.”
Barger and other county officials repeatedly said they would wait for all the facts to come in before drawing conclusions about exactly what happened to the boy. But Barger called it a “senseless murder,” explaining that “we don’t have a conclusion, but there’s no other explanation.”
Previous related stories:
Reports of abuse ended in 2016 for Anthony Avalos
Review of Antelope Valley child welfare services to follow boy’s death
Homicide detectives investigating suspicious death of 10-year-old Lancaster boy
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Stop blaming others says
DCFS DIDNT KILL THIS POOR BOY. HIS MOTHER AND HER BOYFRIEND DID. ITS NOT CHEVROLETS FAULT YOU CRASHED YOUR CAR AND KILLED SOMEONE. ITS THE DRIVERS FAULT. IF YOUR FAMILY WAS SO CLOSE AND THIS PRECIOUS ANGEL MEANT SO MUCH TO YOU. WHY DIDNT YOU TAKE HIM OUT THE HOUSE. STOP BLAMING A SYSTEM THAT HAS TO FIX PROBLEMS THAT THEY DIDNT CREATE. 18 TO VOTE. 21 TO DRINK. WE NEED AN AGE TO BE A PARENT. SCUM BAGS KILLED THIER KID. THE GOVERNMENT DIDNT. IF YOUR SUCH A CLOSE FAMILY. THEY SHOULD INVESTIGATE YOU TOO!!!! SMH
Pancakes says
YOU ARE ALL WRONG AND YOU ALL KNOW IT. THE SOCIAL WORKERS ,THE SHERIFF DEPUTIES AND ALL OTHERS WHO HAD A LEGAL DUTY TO PROTECT THIS BEAUTIFUL CHILD FROM HARM AND DEATH MUST AND SHOULD BE TERMINATED FROM THEIR JOBS AND CRIMINALLY AND CIVILLY PROSECUTED AND THE SURVIVING FAMILY BESTOWED A HANDSOME AWARD FOR THEIR LOSS YOU INCENTIVE COLD HEARTED SOCIOPATHIC, FUNERAL WATCHERS, ALL OF YOU WILL SUFFER A LOSS THIS TIME NEXT YEAR, LIVE BY YOUR RULES. WE’LL SEE
Jed Willie says
If you want to blame anyone besides the parents, blame the judge that left him with his parents. Nobody else really has any power other than a court order by a judge. Not a school. Not DCFS. And not the police. Dig a little deeper.
Maryjo says
… family members could only be bothered to concern themselves over the boy’s welfare, ex post facto. Dollar signs in their eyes, gaming the boy’s death, hot on the blood scent of a multi-million dollar settlement, they pretend to be beside themselves, playing it up after-the-fact, with the feigning crocodile tears. That’s Latin-american society for you. Not one iota did that boy’s extended family ever care about that boy, in the first place. And, everybody knows it.
Spider Man says
Did the family ever visit the kid or keep tabs on him? If they had they certainly would have noticed something was wrong. Of course now that the kid is dead he was their “precious little angel” but of course we all know what they are really thinking about is what color Escalade they will be driving soon. You want DCFS to be able to remove all the kids they need to? Then YOU become a foster parent and YOU approve a 10 cent sales tax increase so they can have enough beds and social workers, they don’t have unlimited funding and resources ya know.
Pancakes says
“Mommy what is 1+1?”
Said the child to his mother. “Hold up your fingers ” said his mother as she gently held his little soft hands. The boy looked confused but then smilled when he got it. But his smille quickly disappeared when she said “tomorrow we will learn 2+2.” The boy was sad because having learned 1+1 he thought he learned everything. He cried “No mommy everything is 1+1!” “No my son not everything =1+1, life is more complicated than that”
humeni says
This boy was physically abused by his mothers boyfriend. He was also being sexually abused by his babysitter, which in the previous story stated his mother CONTINUED to take him there. This is disgusting. This child should have been out of the house, the social workers should have mad e sure he was not in the hands of his sexual abusers. Why were the other children not taken out as well? Was the babysitter charged with sexual abuse? Were there other children in this babysitters care? I’m so mad , these are questions that need to be answered and I’m sure the social workers would have more paperwork if they were the least bit inquisitive and thats why they didn’t dig too deep.
Pancakes says
The boy died because the social workers failed to do their job. They must be punished. They must be made an example.
Be equal says
social workers give people a chance to clean up their act before taking their kids now it’s to the point that if they come out to your home they’re going to automatically take your kids to cover their own back side so they do not get sued or prosecuted we can only blame the social workers so much they did not beat or torture these poor babies these people need to take responsibility for their own actions and stop blaming others and for the family members you only care about your payday that makes them as evil as the monster that did this to this baby and now I’m the deadbeat dad want to show up wow
Pancakes says
Confused? I’ll make it simple. The social workers falsified records to cover their errors in properly processing this case. Their errors lead to the boys death because their errors kept the boy in an unsafe home where he was killed. 2+2=4
Be equal says
1 + 1 the boy’s mother and her boyfriend killed the boy no one else but them
Pancakes says
Vicarious liability is the word that the law recognizes: your actions that are indirrctly connected to someone’s death makes you liable. Children understand 1+1 but when they get smarter they learn 2+2
Pancakes says
Someday you will learn 2+2, life is complex, you will learn, don’t worry you’ll get it.
Pancakes says
“Mommy what is 1+1?”
Said the child to his mother. “Hold up your fingers ” said his mother as she gently held his little soft hands. The boy looked confused but then smilled when he got it. But his smille quickly disappeared when she said “tomorrow we will learn 2+2.” The boy was sad because having learned 1+1 he thought he learned everything. He cried “No mommy everything is 1+1!” “No my son not everything =1+1, life is more complicated than that”
Be equal says
Put the meth pipe down dude and come back to reality the boy’s mother and stepfather killed that’s it the social workers then go over there and beating the parents did I’m pretty sure someone in the family knew about it that’s it
Dauntless says
Iam not related to the family and I’m white, I too, want to see the social workers and all other authorities involved criminally investigated! Something has to change…the laws should be protecting the children, not the abusive parents! The abuse was known, reported and nothing was done to protect this little boy from being murdered. The workers allowed it to happen!
J.J. says
You see, in the Latin American community, nothing’s ever their fault. That’s because, everything is always the fault of the American government. If they abuse their children? It’s always all our fault. Get it?
Pancakes says
Not True loco. If someone hurt your cat, would you not want restitution?
Kev says
… translation of headline: “Slain boy’s [extended] family wants… [a jucie, fat multi-million dollar settlement from the stinking gringo-Americano taxpayer]”
Hispanics can never admit when they're wrong says
very true because when do the police investigated the family members they said the mother and boyfriend were not abusive to the child
another Hispanic cover up can never admit when something is wrong in the family he was also molested by his grandfather come on hang the whole family and don’t give them any settlement money-wise and quit blaming it on the social workers. Remember it’s on the social media the family did say the mother and boyfriend never abused the child now these two are sentence the family wants money Deport them the whole family