Vasquez v. State
306 Ga. 216
| Ga. | 2019Background
- In Feb 2007 two-year-old Prisi Vasquez suffered blunt-force skull trauma and later died; her body was wrapped in garbage bags and hidden in the attic.\
- Christian Vasquez and Amy Ruiz (then married) left Georgia for Mexico on Feb 4, 2007; Ruiz later admitted Prisi was dead and in the attic; police found the remains in June 2008.\
- Vasquez was extradited from Mexico and booked in Georgia on Jan 17, 2013; he was indicted June 3, 2015 for malice murder, felony murder, aggravated assault, two counts of cruelty to children in the first degree, and concealing the death of another.\
- At trial the State presented evidence that Vasquez struck Prisi with a tube, concealed the body, fled, and that Ruiz made statements implicating Vasquez; J.E. (stepbrother) gave out-of-court statements and therapy/playroom disclosures implicating Vasquez.\
- Vasquez was convicted on all counts (some felony-murder counts later vacated); he appealed challenging evidentiary sufficiency (child cruelty and tolling of statute), jury instructions (statute of limitations and accomplice corroboration), ineffective assistance of counsel, and merger of convictions.\
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for cruelty to children (failure to seek timely medical care) | Vasquez: evidence insufficient to show malice by failing to obtain care | State: blows to Prisi, subsequent concealment, flight, and failure to seek help support inference of malice | Conviction upheld — circumstantial evidence supports malicious delay in care and cruelty conviction |
| Tolling and statute of limitations for concealing death of another | Vasquez: §17-3-1(c) (7-year rule) doesn't apply; or, if 4-year limit, State failed to prove tolling | State: even if 4- or 7-year limit, tolling applies from Feb 4, 2007 (departure) until Jan 17, 2013 (extradition) | Jury authorized to find tolling (absconding); indictment within limitation period; conviction valid |
| Jury instruction plain error — statute length and manner of tolling | Vasquez: trial court wrongly instructed 7-year limit and expanded tolling methods beyond indictment allegations | State: any error harmless because tolling evidence shows indictment timely under either 4- or 7-year limit; no evidence supporting alternate tolling theory | No plain error — instruction on 7 years harmless; broader wording about tolling not prejudicial given evidence and indictment text |
| Jury instruction plain error — failure to instruct on accomplice-corroboration | Vasquez: trial court erred by not instructing that accomplice testimony must be corroborated | State: no objection at trial; some witnesses not accomplices; counsel strategically declined the instruction to place blame on Ruiz | No reversible plain error — error existed but Vasquez affirmatively waived/requested strategy; counsel intentionally relinquished request for corroboration charge |
| Ineffective assistance — failure to object to prior-act juvenile order and statute instruction | Vasquez: counsel deficient for not objecting to juvenile-court order admission and to 7-year instruction | State: counsel pursued a plausible strategy (blame Ruiz); even if counsel erred on statute instruction, no prejudice because tolling evidence controlled outcome | Claim denied — trial strategy reasonable; no prejudice shown |
| Merger of convictions (malice murder and cruelty to children) | Vasquez: convictions should merge because same conduct produced both convictions | State: the offenses require different elements | Convictions do not merge under Drinkard test; separate punishments allowed |
Key Cases Cited
- Brewton v. State, 266 Ga. 160 (malice may be inferred from circumstances including delay in medical care)
- Delacruz v. State, 280 Ga. 392 (malice in child cruelty can be shown by intentionally delaying medical attention)
- Johnson v. State, 269 Ga. 632 (intent may be inferred from conduct before, during, and after the crime)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- Danuel v. State, 262 Ga. 349 (absconding tolls statute of limitations)
- State v. Kelly, 290 Ga. 29 (plain-error four-part test for jury-charge review)
- Stanbury v. State, 299 Ga. 125 (failure to give accomplice-corroboration charge can be plain error)
- Hamm v. State, 294 Ga. 791 (accomplice-corroboration principles and limits of Jackson dicta)
- Linson v. State, 287 Ga. 881 (Drinkard merger test applied to malice murder and child cruelty)
- Stuckey v. State, 301 Ga. 767 (ineffective assistance/Strickland standards)
- Spratlin v. State, 305 Ga. 585 (trial strategy deference in ineffective-assistance review)
- Drinkard v. Walker, 281 Ga. 211 (adopting required-evidence test for merger)