Man accused of killing five-month-old allowed to leave jail

A man accused of killing his five-month-old son will be allowed to leave jail and stay with his family in Arizona after a hearing on Thursday.

Joseph Isaiah Parra, 31, was arrested on July 7 after deputies with the Doña Ana County Sheriff’s Office said he killed his son, Apollo Parra, at the family’s home north of Las Cruces while intoxicated. Parra has denied the allegation, and his attorney suggested the situation could be a tragic medical episode, not abuse. 

During a brief hearing on July 11, a district judge heard arguments from prosecutors who wanted to keep Parra in jail. Apollo’s mother appeared in court ready to testify for the prosecution, but Chief Deputy District Attorney Heather Chavez did not call on her.

Instead, Chavez relied on an affidavit that outlined interviews with Parra, Apollo’s grandparents, his mother and medical professionals who treated Apollo before his death.  

Deputies’ case against Parra

According to the affidavit, Apollo’s mother received a call from Parra around 1:30 p.m. while at work. She said Parra told her that Apollo wasn’t breathing. She also said he sounded drunk on the phone and that Parra was hesitant to call 911.

Shortly after, Apollo’s maternal grandparents arrived and whisked Apollo away to the hospital after they said Parra was again hesitant to involve emergency services. The grandparents said Parra didn’t want to call because “it would be a process,” Parra allegedly said.

The Parra family lived north of Doña Ana, about 20 minutes from the nearest hospital. Emergency efforts may have been additionally complicated as EMTs arrived first at Parra’s house. According to the affidavit, Parra seemed initially unaware that the grandparents had taken Apollo.

The grandparents, who told deputies they attempted CPR throughout the drive, were intercepted by a deputy who also attempted CPR on Apollo before EMTs caught up to them. Apollo then made it to a Las Cruces hospital before being flown to an El Paso hospital, where he later died.

In the affidavit, investigators noted that Apollo had bruising around his left eye and a mark on the right side of his torso. The mother told investigators those injuries had not been present earlier in the morning.

Parra denied hitting Apollo or causing his death but said the last time he’d seen Apollo was around either 9:30 a.m. or 10:30 a.m., four to three hours before the call between him and the mother.

After changing the diapers of the other children, Parra said he went to change Apollo and noticed he was “lifeless.” He said he began tapping on Apollo to get a response but got none. At that point, he called Apollo’s mother.

Parra also initially denied drinking but later said he’d taken two drinks of tequila before the incident. Investigators noted in the affidavit they found eleven empty bottles of tequila around the house – but it’s unclear if that alcohol was consumed that morning.

Lawyers spar over the strength of evidence.

Prosecutor Chavez argued that the deputy’s narrative showed Parra was dangerous, especially to his remaining children.

Chavez also noted that Parra, who’d been charged with battery against a household member two weeks before Apollo’s death, violated his release conditions by drinking alcohol. Chavez argued that that painted a picture of a man who could not be trusted and should be held in jail.

Tyler McCormick, Parra’s attorney, reminded the court that Parra had merely been charged with domestic violence – not convicted. McCormick noted that Parra had virtually no criminal history other than that pending charge. As for the alleged violation of release conditions by drinking, McCormick said that Parra would stay with his father in Arizona, and the father would keep alcohol away from Parra.

McCormick and Chavez also sparred over the strength of the evidence. McCormick noted that some of the injuries to Apollo may have been caused by any of the people who attempted CPR.

“The big hole in the state’s case is that we don’t know what caused that child’s death,” McCormick said, adding that the court did not really know how or when the injuries occurred.

Chavez pushed back, noting the bruising to Apollo’s eye, and suggested that further medical tests would show Apollo’s death was not random.

“It’s not really fair to say that we don’t know when these injuries occurred because we know that he was in the care of his father and his father alone,” Chavez said.

Ultimately, 3rd Judicial District Judge Douglas Driggers found that Chavez failed to prove the two points required for a no-bond hold. He released Parra on a $40,000 bond and allowed him to return to Arizona with his father.

Next, prosecutors said they plan to bring the case to a grand jury.