Iowa City man grudgingly submits guilty plea in death of infant

IOWA CITY — 'What can a baby do to justify beating him to death?' grieving grandparents asked a judge Wednesday.

They said it's a question they continue to ask in the wake of their grandson's death in 2012.

Alma and Jesus Balderas, in a joint victim's impact statement, said they couldn't see their 20-month-old grandson Marcus after their daughter Mireya Balderas moved in with Jorge Perez. Perez controlled their daughter, and they feared for Marcus' safety, they said. Later, they said, they found out others had seen Marcus with bruises on his body, cigarette burns on his chest and weighing only 20 pounds.

Alma Balderas, who read the statement, broke down at times and cried, telling Judicial District Judge Mitchell Turner that Perez 'needs to pay for what he did. He stole Marcus' future and our future with him.'

Perez, 23, pleaded guilty to child endangerment resulting in death, entering an Alford plea, and was sentenced to up to 50 years in prison. There is no mandatory minimum for the charge. An Alford plea is when a defendant claims innocence but admits the prosecution has enough evidence to prove guilt beyond a reasonable doubt.

Perez hesitantly admitted his guilt, after being prodded by his attorney, and agreed he would be found guilty by a jury based on the minutes of testimony.

He then became defiant and aggressive when allowed to say what he wanted before the judge sentenced him.

'I believe they would not see things my way,' Perez said.

Perez admitted to investigators that he hit 20-month-old Marcus in the face with his knuckles, held a pillow over his head, stepped on his stomach and threw him up in the air without catching him, according to the written plea and criminal complaint. Perez said he didn't intend to harm the child.

A medical exam revealed Marcus had broken ribs, bruises on his head, face, back and stomach, internal injuries and subdural bleeding in his head. The toddler died from blunt force injuries to the head on April 30, 2012.

Investigators believed Perez repeatedly assaulted the toddler, causing injuries that led to his death, according to the written plea agreement.

'If I'm a murderer, why wasn't I charged with it?' Perez said when the judge allowed him to speak. 'Do they really thing I wanted a 20-month-old to die? Someone that called me Papa. Not a day goes by that I don't think of Marcus.'

Perez said he wasn't 'perfect, but is anyone?' He admitted to spanking Marcus a few times but said he didn't 'beat him to death.' Perez said he was 'sick of the negative publicity,' and nobody listened to his side. He said he did the right thing by trying to give Marcus CPR and calling 911.

'You are not the victim, Mr. Perez,' Turner said. 'Your statement (shows) you haven't accepted responsibility.'

Turner said Perez's behavior was 'deplorable — you are so far from perfect.'

Marcus' mother, Mireya Balderas, 21, also is charged with child endangerment resulting in death. Her trial is set for Oct. 13.