Trial for Iowa City man accused in toddler death will likely be delayed

The Iowa City man accused in the death of his girlfriend's toddler has waived his right to a speedy trial, meaning his case likely won't go before a jury on Sept. 4 as originally scheduled.

Jorge Perez, 21, who faces two charges of child endangerment resulting in death, filed the waiver Friday, when he was scheduled to have a pretrial conference. His trial has not officially been delayed, according to online court records.

Perez and Miraya Balderas, 18, of Iowa City, were arrested June 10, weeks after her son, Marcus Balderas, died on April 30 at just 20 months old.

Perez is facing two counts of child endangerment resulting in death – one for a series of assaults that investigators believe led to the toddler's death and one for the injuries that authorities say took Marcus' life.

Balderas is facing one count of child endangerment resulting in death on allegations that she participated in the abuse that took her son's life and didn't protect him from Perez.

The couple originally was set to be tried together on Sept. 4, but Balderas waived her right to a speedy trial earlier this month, and her case now is scheduled for Dec. 11, according to Johnson County Court records.

Balderas also recently filed a motion asking prosecutors to explain why she is being charged in connection with the death of her son, who was rushed to the hospital with fatal injuries while she was away at school and the child was in Perez's care.

Prosecutors outlined in a written response that Balderas is accused of failing to protect her son by allowing Perez to watch him and by participating in a pattern of abuse.

The Johnson County Medical Examiner's Office determined Marcus died of blunt force injuries to the head and called the death a homicide.

The Iowa Department of Human Services was called to the home that Perez and Balderas shared at 2018 Waterfront Drive on April 25 on a report that Perez had left Marcus home alone. A DHS worker noticed bruising on the child's face at that time but didn't feel it was unusual for a toddler, authorities said.

Iowa City police were called to the mobile home five days later on April 30 on a report of the child struggling to breathe. When they arrived, they found Marcus in distress and vomiting, according to court documents.

Paramedics noticed bruises on Marcus' face, court documents show, and the child was rushed to the University of Iowa Hospitals and Clinics, where he was pronounced dead.

Perez, according to police, has admitted to hitting Marcus in the face with his knuckles, holding a pillow of the child's head, stepping on his stomach and throwing him up without catching him. Balderas reportedly admitted to hitting her son in the face, holding a pillow over his head to get him to sleep and watching her boyfriend abuse the boy, according to authorities.

If convicted, Perez and Balderas could face up to 50 years in prison for each charge.