Court upholds order to remove baby from life support
SANTA ANA, California (AP) -- A state appeals court Monday upheld an order to cut off life support to a 1-year-old boy who has been in a coma-like state since he was allegedly beaten by his father more than a year ago.
A three-justice panel of the 4th District Court of Appeal unanimously upheld the juvenile court order, which found Christopher Ibarra was receiving no benefits from life support.
The ruling could ultimately result in murder charges against Moises Ibarra, 24, the child's father. He was jailed on felony child abuse charges after allegedly beating and shaking his son December 17, 2001.
Ibarra's attorney, John L. Dodd, said he may appeal the ruling during the 60-day period before life support can be discontinued, but would make his decision based on what Ibarra wants to do.
"The father has always believed that where there is life, there is hope, and there can be some change," Dodd said. "The child is not brain dead."
The juvenile court judge began making medical decisions for Christopher in May after he faulted both parents for the boy's condition. He said Ibarra inflicted the near-fatal injuries and Tamara Sepulveda, 23, failed to protect her son.
Ibarra also appealed the juvenile court order on the grounds his son may be of American Indian heritage and therefore his tribe should have a say in any medical decision about Christopher. The justices dismissed Ibarra's claim.
Although experts have disagreed over the length of time Christopher would survive on life support -- from a few months to a few years -- all agree that without life support the boy would die.
Sepulveda's attorney, Donna Chirco, called Monday's ruling a good outcome to a tragic situation. She added she hoped Ibarra would not appeal.
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