A Calgary judge has found Allan Perdomo guilty of manslaughter for the death of his five-year-old grandson, Emilio Perdomo.
Emilio was unconscious when he arrived at the Alberta Children’s Hospital on July 9, 2015. He was taken off life support eight days later. Emilio died from a severe brain injury.
Allan Perdomo was charged a year later.
On Wednesday, Court of Queen’s Bench Justice Richard Neufeld convicted the 59-year-old of manslaughter.
"I believe that justice has been served for Emilio and for Emilio’s mother and for his grandmother and all of his family," said Crown Prosecutor Vicki Faulkner.
Emilio’s mother sent her son to Canada from Mexico in February 2015 for a better life.
"He was going to come to Canada for the hope of a better life, for the promise that a smart, sweet, caring little boy should always have," said Faulkner.
The trial heard Emilio suffered historical child abuse at the hands of his grandfather, who considered him to be an ungrateful demon.
"When you have evidence before the court that this child had bruises throughout his body, that this child had probably the most bruises that a child abuse doctor had ever seen in a child, of course it's always going to be hard, it's always going to be emotional," said Faulkner.
"Clearly my client and I were a little disappointed in the outcome today," said Defence Lawyer Darren Mahoney. "We weren’t necessarily anticipating a conviction."
The judge reviewed a substantial amount of evidence from the trial. He said the story Perdomo told police, where he said Emilio had fallen down the stairs, was not believable or reliable.
The judge found the injuries suffered by Emilio were inflicted, not accidental. He also considered a police wiretap recording from the family’s van in which the crown suggested Perdomo confessed.
During one of his prayers, Perdomo said “I didn’t want to kill that child” according to the translated transcript. But the defence said that was not a confession.
"Obviously I raised some issues with the reliability of those recordings," said Mahoney. "We’ll have to assess what the evidence actually was and see what our chances are on an appeal."
The sentence for a manslaughter conviction can vary from probation to life in prison. A sentencing hearing is set for September 24, 2019.
Perdomo will remain out on bail until he’s sentenced but he must follow strict bail conditions including 24 hour house arrest, with select exceptions including court ordered appointments.
Perdomo’s wife Carolina Perdomo was originally charged with manslaughter but her charge was stayed in February, meaning the crown has one year to revive charges if it chooses.
