County Judge William K. Nelson acquited Michael Aviles of murder and instead gives him manslaughter for the death of Michelle Aviles, only 5 months old, and was ultimately found to have cracked ribs, a crushed skull, an injured anus, and according to the defendant's own story, was not taken to the hospital for over three hours after the injuries were discovered.
Only the mother and father were in a tiny 20x20 apartment with Michelle at the time of the life threatening injuries. Judge Nelson found Aviles' alibi that he was drunk and oblivious to what happened adequately convincing. The infant also suffered bruising to her feet, hands and fingers, chest and head.
We urge that Judge Nelson's decision be retracted so Michael Aviles and Lissette Capellan can properly go before a suitable judge AND JURY for the death of Michele Aviles with all evidence readily available. When two individuals are alone in a 20x20 space with an infant that suffers that degree of injury resulting in death- someone should be accountable for the actions that took place. A drunken alibi is not sufficient.