La Quinta woman sentenced to two life terms for killing daughter

Kesq.com

August 27, 2013

INDIO, Calif. - A La Quinta woman who tortured and fatally beat her 3-year-old daughter after abusing the toddler and an older daughter for months was sentenced today to two life prison terms.

Yolanda Guadalupe Pena, 43, was convicted in June of first-degree murder, torture, assaulting a child causing great bodily injury and inflicting injury on a child. The latter count related to a daughter who was 12 at the time. Pena was sentenced to 25 years to life for the murder charge and life for the torture, and the terms must be served consecutively.

The 3-year-old, Delilah Urrutia, suffered head trauma, second-degree burns on her face, neck, chest, back and arms, cuts and bruises, and lost parts of three fingers, according to police and prosecutors.

Pena was arrested June 30, 2009, in connection with her youngest daughter's death, which occurred five days earlier.

The toddler was dead when authorities arrived at the family's home in the 44000 block of Vista Dunes Lane about 10:15 p.m. June 25, 2009. She died of blunt force trauma to the head, according to the coroner's office.

Pena told one of her two older daughters to pour hot water on Delilah for misbehavior while the defendant was at work, causing burns over more than 30 percent of the child's body, according to Deputy District Attorney Lisa DiMaria. When she got home, Delilah looked at her -- which was not allowed -- "and that set her off," the prosecutor said.

"The defendant proceeded at that point to beat that little girl's brains out. She threw her against the wall, used a high-heeled shoe. ... (Pena's older daughters) said the defendant continued to hit Delilah in the head at least 20 times," DiMaria said.

Pena then stuffed a stocking in Delilah's mouth, put a stocking over her head, bound her wrists and ankles and put her in a plastic bin "like trash," the prosecutor said. Pena put the bin in a closet and left home with her older daughter to visit her best friend.

When they found Delilah dead later that night, her arms were up at 90-degree angles "because that is the way rigor mortis set her arms as she died in that plastic coffin," DiMaria told the jury.

She said the victim was the product of an affair Pena had while married. Her then-12-year-old daughter -- who Pena also abused -- told her father about it, leading to the breakup of the marriage.

DiMaria said Delilah and her older sister would sometimes sit in the bathtub while hot and cold water was poured over them. Other times, Delilah was tied up in the plastic bin and put in a closet, with her mouth duct-taped, or tied up in the bathtub for days at a time, DiMaria said.

Pena told the daughter who hadn't been abused that she would be punished, too, unless she reported her sisters' misdeeds to the defendant, the prosecutor said.

Pena's attorney, Thomas Cavanaugh, conceded there was abuse in the household, but told jurors that it was likely the tot "hit her head on the floor more than once" while "fleeing from her sister."

"By the time (Pena) got home, this child was in a very bad way," he said. The defense attorney said Pena did not get medical help for Delilah, and there was no excuse for that. But "those head injuries were caused before Ms. Pena got home" and Delilah's other injuries that day were not given at her mother's direction.

"She did not inflict the injuries that caused her child's death," he said. " ... There are big questions about that day and a lack of forensic evidence."

He also said there was no evidence of injuries to the two older daughters, and asked that jurors consider manslaughter instead of murder.

Yolanda Pena gets life sentence for daughter murder, torture

Judge: 'I don't know how one human being can do that to another'

Mydesert.com

Aug. 27, 2013

INDIO — A judge handed down two terms of life in prison Tuesday to a La Quinta woman who tortured and fatally beat her 3-year-old daughter, saying it was probably “the worst crime” he’d seen in his 17 years on the bench.

“I don’t know how one human being can do that to another,” Riverside County Superior Court Judge James S. Hawkins said before ordering Yolanda Guadalupe Pena to spend her life behind bars, with the possibility of parole some day.

The 43-year-old defendant was convicted in June of first-degree murder, torture, assaulting a child causing great bodily injury and inflicting injury on a child. The latter count related to another daughter who was 12 at the time.

The 3-year-old, Delilah Urrutia, suffered head trauma; second-degree burns on her face, neck, chest, back and arms; cuts and bruises; and had lost parts of three fingers, according to police and prosecutors.

Both of Pena’s older daughters spoke at the sentencing.

“Mom, you have changed my life in a big way. I want to tell you you’re still my mother ... I hope and pray to God we can help you,” the daughter who was abused said.

The defendant’s other daughter said it hurt that her own mother forced her to hurt her sisters.

“You made me question myself ... I love you because you’re still my mother. (But) you not only took away my little sister, you took away my mom. I forgive you, but I will never forget,” she said.

Pena looked away while her daughters — one of whom cried — spoke in court.

Before Pena was sentenced, defense attorney Thomas Cavanaugh disputed a probation report claim that his client lacked remorse. The defendant, at the scene of her daughter’s death, “is clearly hurt, she’s crying hysterically, she says something along the lines of ‘God, forgive me,’ ” he said.

Deputy District Attorney Lisa DiMaria countered that Delilah was abused and tortured for the six months leading up to her death in a “house of horror” and “treated worse than most people treat their dogs.”

The toddler was dead when authorities arrived at the family’s home in the 44-000 block of Vista Dunes Lane about 10:15 p.m. on June 25, 2009. She died of blunt force trauma to the head, according to the coroner’s office.

Pena, who was arrested five days later, told one of her two older daughters to pour hot water on Delilah for misbehavior while the defendant was at work, causing burns over more than 30 percent of the child’s body, according to DiMaria.

When she got home, Delilah looked at her — which was not allowed — “and that set her off,” the prosecutor said during the trial.

“The defendant proceeded at that point to beat that little girl’s brains out. She threw her against the wall, used a high-heeled shoe. ... (Pena’s older daughters) said the defendant continued to hit Delilah in the head at least 20 times,” DiMaria said.

She said the victim was the product of an extramarital affair Pena had while married. Her then-12-year-old daughter — who Pena also abused — told her father about it, leading to the breakup of the marriage.

Cavanaugh conceded there was abuse in the household, but told jurors it was likely the tot “hit her head on the floor more than once” while “fleeing from her sister” and asked them to consider a lesser charge of manslaughter.

The defense attorney said Pena did not get medical help for Delilah, and there was no excuse for that. But “those head injuries were caused before Ms. Pena got home.”

La Quinta Woman Convicted of Torturing, Murdering 3-Year-Old Daughter

The toddler, Delilah Urrutia, suffered head trauma, second-degree burns on her face, neck, chest, back and arms, cuts and bruises, and lost parts of three fingers, according to police and prosecutors.

Posted by Renee Schiavone (Editor) - PalmDesert.patch.com

June 17, 2013

A La Quinta woman who tortured and fatally beat her 3-year- old daughter after abusing the toddler and an older daughter for months was convicted Monday of first-degree murder and other charges.

Yolanda Guadalupe Pena, 43, was convicted of one count each of murder, torture, assaulting a child causing great bodily injury and inflicting injury on a child. The latter count relates to a daughter who was 12 at the time. Jurors deliberated for three days before reaching a verdict, and Pena sat with her head bowed as it was read.

She was scheduled to be sentenced Aug. 6, and faces up to life in prison with the possibility of parole.

Pena was arrested June 30, 2009, in connection with her youngest daughter's death.

The toddler, Delilah Urrutia, suffered head trauma, second-degree burns on her face, neck, chest, back and arms, cuts and bruises, and lost parts of three fingers, according to police and prosecutors. She died of blunt force trauma to the head, according to the coroner's office.

The youngster was dead when authorities arrived at the family's home in the 44000 block of Vista Dunes Lane about 10:15 p.m. June 25, 2009, according to the Riverside County Sheriff's Department.

"This was not an accident -- this was cold-blooded murder," Deputy District Attorney Lisa DiMaria told jurors in her closing argument Wednesday. "It was intentional, it was deliberate, and at the hands of that depraved woman who gave birth to her."

Pena told one of her two older daughters to pour hot water on Delilah for alleged misbehavior while the defendant was at work, causing burns over more than 30 percent of the child's body, according to DiMaria. When she got home, Delilah looked at her -- which was not allowed -- "and that set her off," the prosecutor said.

"The defendant proceeded at that point to beat that little girl's brains out. She threw her against the wall, used a high-heeled shoe. ... (Pena's older daughters) said the defendant continued to hit Delilah in the head at least 20 times," DiMaria said.

Pena then stuffed a stocking in Delilah's mouth, put a stocking over her head, bound her wrists and ankles and put her in a plastic bin "like trash," the prosecutor said. Pena put the bin in a closet and left home with her older daughter to visit her best friend.

When they found Delilah dead later that night, her arms were up at 90- degree angles "because that is the way rigor mortis set her arms as she died in that plastic coffin," DiMaria told the jury.

According to the District Attorney's Office, Pena had an affair while married and her then-12-year-old daughter -- who Pena also abused -- told her father about it, leading to the breakup of the marriage.

"Pena blamed Delilah, who was fathered by the man with whom Pena had an affair, for why she never reconciled with her former husband," according to the District Attorney's Office.

DiMaria said Delilah and her older sister would sometimes sit in the bathtub while hot and cold water was poured over them. Other times, Delilah was tied up in the plastic bin and put in a closet, with her mouth duct-taped, or tied up in the bathtub for days at a time, DiMaria alleged.

Pena allegedly told the daughter who hadn't been abused that she would be punished, too, unless she reported her sisters' misdeeds to the defendant, the prosecutor said.

Pena's attorney, Thomas Cavanaugh, told jurors the case was "heartbreaking" and there was abuse in the household. But he urged jurors to follow the law, not their emotions.

He argued that Pena's best friend told the older daughter to pour the hot water on Delilah, and the older girl said she had no contact with her mother while she was at work.

"Those burns were inflicted without (the older daughter) speaking to my client, Ms. Pena, that day," Cavanaugh said in his closing argument.

The older daughter said Delilah ran into a wall, and it's likely she hit her head on the floor more than once "fleeing from her sister," Cavanaugh said. "By the time (Pena) got home, this child was in a very bad way."

He said Pena did not get medical help for Delilah, and there was no excuse for that. But, he said, "those head injuries were caused before Ms. Pena got home" and Delilah's other injuries that day were not given at her mother's direction.

"She did not inflict the injuries that caused her child's death," he said. " ... There are big questions about that day and a lack of forensic evidence."

He also said there was no evidence of injuries to the two older daughters, and asked that jurors consider manslaughter instead of murder.

Indio teen testifies against mother in sickening murder case

Kesq.com

June 5, 2013

INDIO, Calif. - A teenage girl whose mother is charged in the death of her 3-year-old sister testified today that her mother would pepper-spray the toddler and poke her with hot needles as punishment.

Yolanda Guadalupe Pena, 43, faces charges of murder, torture and assaulting a child causing great bodily injury and five counts of inflicting injury on a child. She was arrested June 30, 2009, in her daughter's death.

Delilah Urrutia suffered head trauma, second-degree burns on her face, neck, chest, back and arms, and had other signs of physical abuse, according to police and prosecutors.

The toddler was dead when authorities arrived at her home in the 44000 block of Vista Dunes Lane in La Quinta about 10:15 p.m. on June 25, 2009, Riverside County sheriff's deputies said.

One of Pena's two older daughters testified that her mother pepper sprayed Delilah if she did not eat what was put before her.

"How would Delilah react when she got pepper sprayed?" asked Deputy District Attorney Lisa DiMaria.

"She would scream a lot," the 16-year-old said.

On other occasions, the girl said, her mother would also heat needles on the stove and poke Delilah with them to punish her.

"How did Delilah react to this?" DiMaria asked.

"She would scream," the girl said.

She testified that she was staying with her mother's best friend the day Delilah died.

"I couldn't believe it. I started crying," she said when her mother's friend told her the news.

She testified that she didn't initially tell a police detective or a child abuse specialist about her mother's alleged abuse because she was scared of her mother.

She said her mother told her not to say anything to authorities. Later, she said, "I talked to my (older) brother, and he said I should tell the truth."

In her opening statement on Monday, DiMaria said Pena sent Delilah to live with a relative of her best friend when she about 2, then took her back several months later.

Pena allegedly physically abused Delilah and one of her two other daughters. Pena allegedly told the daughter who hadn't been abused that she would be punished, too, unless she reported her sisters' misdeeds to her, the prosecutor said.

DiMaria said the Delilah and an older daughter would sometimes sit in the bathtub while hot and cold water were poured over them. Other times, Delilah was tied up in a plastic bin and put in a closet, with her mouth duct taped, DiMaria said.

The day Delilah died, one of the older daughters -- who was about 11 -- was home with the girl, the prosecutor said.

DiMaria said the older daughter told their mother, who was at work, that Delilah was misbehaving.

"So the defendant ordered (her daughter) to get a cup of water and heat it in the microwave ... and pour it on her sister," DiMaria told jurors in her opening statement. "And she did that all day."

When Pena got home, she saw Delilah looking at her older sister, which wasn't allowed, "so the defendant started hitting Delilah in the head, hard. (The older daughter) says she did it more than 20 times, and that's supported by the massive brain bleed suffered by this little girl," DiMaria alleged.

Pena left to go to her best friend's house, after tying the toddlers' wrists and ankles, putting a sock in her mouth and a stocking over her head, DiMaria said. She was left in a plastic bin.

Later that night, once Pena and the older daughter came home, Pena untied Delilah and told the older girl to check her pulse. She didn't feel one and called her mother's best friend, then 911.

"The defendant also told (her daughter): `Do not tell police what happened. Tell them she poured water on herself and that she hits herself,"' DiMaria said.

The girl, now 15, testified on Tuesday that her mother hit Delilah daily, using objects like a tree branch, the heel of a high-heeled shoe, a cord from the television and a plastic hanger. Her mother sometimes kept Delilah tied up in the bathtub all day, she said.

Yolanda Pena is seen with her daughter Delilah at John F. Kennedy
Memorial Hospital in Indio in this 2006 photo.
(Desert Sun file photo)

Yolanda Guadalupe Pena