The defense attorney for a Tucson man suspected of nearly killing a 2-year-old girl will be asking Judge Jane Eikleberry to send him home to his parents on Monday.
Rafael Gallego says there's no way Oscar Aguirre can post the $100,000 bond he's being held on now, but he has strong ties to the community, wants to defend himself against the charges and needs to work to support his family.
Aguirre was indicted last month on child abuse and attempted second-degree murder charges.
On Jan. 14, Aguirre called 911 because his girlfriend's daughter was having difficulty breathing. The child was taken to TMC with bruises all over her body, court documents say.
Exploratory surgery performed two days later revealed her spleen was detached and free-floating, her pancreas and bowels were bruised and she had tears in her liver, abdominal wall and transverse colon, the documents state.
People are also reading…
Prosecutor Magaret McMahon is objecting to Gallego's motion.
She points out in court documents that the bond was set at $100,000 before the grand jury indicted Aguirre on the attempted murder charge, before they learned about other instances of alleged abuse and after the state requested a $200,000 bond.
Aguirre has a criminal history, a habit of not making court appearances, abuses alcohol and is facing mandatory prison time, McMahon wrote.
In addition, jail officials heard Aguirre and his wife talking about the fact his girlfriend is encouraging him to flee to Mexico, which he routinely visits, McMahon wrote.
(McMahon doesn't name the girlfriend, but authorities identified Aguirre as Liberty's live-in boyfriend in court documents. Liberty is charged with one count of child abuse and was released without posting a bond.)
The prosecutor also pointed out that Aguirre's parents are raising at least four of Aguirre's children and Aguirre isn't supposed to have any contact with children under 14 until his case is resolved.
Â
Â
Â
Â
Â
