Crime

Modesto woman enters plea on charge of abusing her 7-year-old son, who has died

A Modesto woman pleaded not guilty Monday to child abuse charges related to the death of her 7-year-old son.

Jovonna Lee Cruz, 35, appeared via video from Stanislaus County Jail for her arraignment in Superior Court. She is accused of causing the death last week of David Turner.

Emergency workers responded Sept. 13 to the Live Oak Apartments on Oakdale Road on a report that David had suffered severe injuries, the Modesto Police Department reported.

The child was taken to a hospital and was on life support before his death, another family member said in a GoFundMe post.

Cruz and her boyfriend, Eyvar Omar Rivera, 41, face separate charges of abusing David between Jan. 1 and Sept. 11 of this year, according to a complaint filed by the Stanislaus County District Attorney’s Office.

Rivera was released on bail and is scheduled to be arraigned Dec. 11.

Visiting Judge Glade Roper increased Cruz’s bail from $150,000 to $250,000 at the prosecution’s request. Deputy District Attorney Michael Houston said the larger amount was justified because Cruz faces 25 years to life in prison if convicted.

The defense plans to seek a bail reduction at a Sept. 29 hearing. Cruz was represented via video Monday by private attorney Adam Bills, but the public defender’s office will take over the case at Roper’s direction.

Victim was found at Live Oak Apartments

Police arrested Cruz and Eyvar the day after David was taken to the hospital. Stanislaus County Child Protective Services removed an 18-month-old child from the home.

Police spokeswoman Sharon Bear said last week that officers had gone to the family’s apartment in March to investigate a report of child abuse. They found no physical injuries on David and he denied any abuse, Bear said.

David’s aunt, Brandy Blackwell, wrote on the GoFundMe page that he had swelling on his brain and showed no signs of brain activity. She said he was kept on life support while his father, who lives in Texas, traveled to the hospital.

Sister describes custody battle

Blackwell wrote that she and Cruz’s mother lived with and helped raise David for the first six years of his life. She said Cruz moved away about a year ago and refused to tell family where they were.

Blackwell said their mother “tried to get my sister to sign over custody to her, but my sister refused and threatened that if my mom took her to court she would never see either one of the kids again.”

Blackwell said she reported suspected abuse to Modesto police and Child Protective Services.

This story was originally published September 21, 2020 at 5:23 PM.

John Holland
The Modesto Bee
John Holland covers agriculture, transportation and general assignment news. He has been with The Modesto Bee since 2000 and previously worked at newspapers in Sonora and Visalia. He was born and raised in San Francisco and has a journalism degree from UC Berkeley.
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