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Date: 08-11-2021
Case Style:
Case Number: 2:12-cr-00944-RB
Judge: Robert C. Brack
Court: United States District Court for the District of New Mexico (Dona Ana County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Las Curces, New Mexico criminal defense lawyer represented Defendant charged with second-degree murder, intentional child abuse resulting in death, intentional child abuse resulting in great bodily harm, intentional child abuse not resulting in great bodily harm, and aiding and abetting.
Peter Zayas, pleaded guilty to negligent child abuse resulting in great bodily harm. In his plea agreement, Peter Zayas admitted that between August 16, 2007, and Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in the care of Sophia Zayas, knowing that she had a history of alcohol abuse. Peter Zayas acknowledged that the infant sustained posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of his negligence. At the time of the offenses, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.
Previously, Sophia Zayas pleaded guilty on Feb. 24, 2014, to negligent child abuse resulting in great bodily harm. However, in November of 2015, her counsel filed a motion to withdraw her guilty plea, asserting that her plea was not knowing and voluntary following a change in the relevant child abuse law. The district court denied that motion on Feb. 8, 2017. On Sept. 27, 2018, she was sentenced to 15 years in prison, but successfully appealed the district court’s decision to the Tenth Circuit Court of Appeals. On Feb. 6, 2020, the Tenth Circuit remanded the case back to the district court with instructions to vacate her guilty plea.
The FBI and the Air Force Office of Special Investigations investigated this case. Assistant U.S. Attorneys Maria Y. Armijo and Christopher McNair are prosecuting the case.
18U.S.C.7 AND 13 AND N.M Stat. Ann 30-6-1(D)(1) and (2), and (E) (1978: CHILD ABUSE RESULTING IN GREAT BODILY HARM
(1ssss) SENTENCE IMPOSED: CBOP-180 Months; 5 Years Supervised Release with Special Conditions; SPA-$100
18:7 AND 1111: SECOND DEGREE MURDER; AND 18:2: AIDING AND ABETTING
(1sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2),(F), AND (H)(1978): CHILD ABUSE RESULTING IN DEATH; 18:2: AIDING AND ABETTING
(2sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE RESULTING IN GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(4sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE RESULTING IN GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(6sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE RESULTING IN GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(8sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE RESULTING IN GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(10sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE NOT RESULTING IN DEATH OR GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(12sssss)
18:7 AND 13 AND N.M. STAT. ANN. 30-6-1(D)(1) AND (2), AND (E)(1978): CHILD ABUSE NOT RESULTING IN DEATH OR GREAT BODILY HARM; 18:2: AIDING AND ABETTING
(14sssss)
Outcome: Defendant pleaded guilty.
Plaintiff's Experts:
Defendant's Experts:
Comments: