Crime Stories with Nancy Grace - Maliyha Hope Garcia: A child's death by starvation

Episode Date: May 1, 2017

Maliyha Hope Garcia was 5 years old, but weighed only 24 pounds when paramedics found her dead in her adoptive parents home just before Christmas 2016. Estevan and Sacora Garcia allegedly starved the child to death, according to a grand jury indictment in Bend, Oregon. Court documents say an alarm on Maliyha’s bedroom door alerted the couple if the child tried to sneak a meal overnight. Nancy Grace and Alan Duke examine this disgusting child abuse murder case in this episode. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

This is an iHeart Podcast. On December 21st last year, 911 was contacted to report five-year-old Malia Garcia was unconscious and not breathing. Estevan and Saqqara are charged with murder by abuse, two counts of manslaughter in the first degree, and two counts of criminal mistreatment in the first degree. The criminal indictment claims the couple did unlawfully and intentionally withhold necessary and adequate food from the girl, as well as necessary and adequate medical attention. This is Crime Stories with Nancy grace neighbors say the parents treated Malia differently than other children in the house they had a lock on her door and whenever she would try to get out the alarm would go off district attorney John Hummel said that the girl went through hell feel like they're trying to teach her a lesson a five-year-old little girl, dead. Malia died weighing just 24 pounds.

Hold on, let me let that sink in. A five-year-old little girl, Malia, dead. She weighed just 24 pounds. An Oregon couple raising the child, their adopted girl, allegedly debated that night whether they should take Malia to a doctor just hours before she collapsed dead. Now, there's nobody, nowhere, no way that can tell me that they did not know something was horribly wrong, that they did not starve this child to death. And if they starved her, what else did they do to her? I very rarely can find a silver lining when a child dies.

The only one here is that wherever Malia is now, it is better than where she was with these two devils. They are the devil. One is Beelzebub and one is the devil's handmaid. That's all I can say. This Oregon couple just looking into their eyes. They're pure evil. Who could do that? Now they're going to claim they're innocent and they're going to have a trial. But you can't tell me a baby just suddenly dies at 28 pounds, five years old. I'm Nancy Grace. This is Crime Stories. Thank you for being with us. Big question for all of us right now.

How does this happen here in America, in our country, in a regular subdivision. What, nobody knew this child was on nobody's radar? Joining me right now is the Duke, Alan Duke, out of L.A. Alan, I am sick about these two. Steve and the wife, Sikora, were texting each other that day, the day Malia died. Steve and Sikora, the mom and dad,

trying to decide if they should take her to the doctor. Uh, yeah, you should take her to the doctor. If you're wondering, gee, should I take my child to the doctor? You know what? Go. When in doubt, act with caution. I I mean just the fact that they were talking about taking her into the doctor Alan when clearly Steve and Sakura had been starving her

down to 24 pounds when paramedics find her, Alan, she's unconscious. Unconscious. Horrible. Rigor mortis, which is when the muscles begin to stiffen after one dies, had already set in by the time the girl reached the hospital,

Alan. So that tells me she was either dead when the EMTs got there or she was near death. Because rigor takes a little while to set in. So how long did they let her lie there? She died. COD, cause of death, emaciation, starvation. They starved her dead. I think this should be a death penalty. Okay, Alan,iation, starvation. They starved her dead.

I think this should be a death penalty. Okay, Alan, sorry. Go ahead. Unfortunately, I don't think it will be a death penalty. Why? Justice in the end will be done when these people do find their death. This child. Whoa, whoa, whoa, whoa, whoa.

You can't say this was not premeditated. If somebody doesn't starve a child overnight or in the moment it takes to raise a gun and pull the trigger, this takes weeks and weeks to... Murder by abuse, first-degree manslaughter, first-degree criminal mistreatment. I don't think those are death penalty cases. I've seen no indication the DA, who declined to speak with us, is able to seek the death penalty. Well, why are you saying that it's not going to be a death penalty? You can't just throw that out there without some basis. I would agree.

It should be. I would love for it to be. I'm not arguing with you. I'm just saying that there's no indication that it is being treated as a death penalty case. Look, Nancy, I had my two grandkids over this weekend, and then I had to read this stuff. It hurts my eyes to read the court documents that have just been released in this. What the witnesses are saying, I mean, this poor little child, the family, by the way, she had nine sisters. According to the obituary, she had nine sisters. And according to witnesses, while these older children, who were, by the way, from previous marriages,

while they were eating pizza and meals from Panda Express, this child was given nothing. They had an alarm on her bedroom door that would alert these so-called parents when she tried to sneak out of the bedroom at night to eat. That's how vicious this was. Why? Why did? You know, I want to tell you something, and I thought it was anecdotal, Alan. But I've noticed since, I would say, one of the very first child molestations I ever handled,

that was back in the 80s, that there would be a whole family full of children but the perp either the molester or the abuser would typically pick one child and that would be their target now I'm not saying they were good to the others but sometimes they would be but they would pick out one child and that would be the target of their hatred I mean this child couldn't even walk out in the house she could sleep sneak out of her room to get food that's a fact I didn't know to see that makes me think this should be a death penalty even more the fact that you would put an alarm on the child's door and the child would know other people were getting pizza and food and she's just starving oh the pain this child suffered if they reduce this charge so help me I will go berserk who's

the district attorney the district attorney is John Hummel I contacted his office just before we went on the air here and they said that the judge has imposed a gag order so that the district attorney, the lawyers, and the police in the case cannot discuss it. What county is this? Deschutes County is D-E-S-C-H-U-T-S. Whoa, whoa, I'm trying to write this down. D-E-S-C-H-U-T-E-S. Deschutes County. It's in the western part of the state of Oregon, probably 200 miles north of the California border. So it's right in the middle there.

And the DA's name is John Hummel? H-U-M-M-E-L. Like the Hummel figurines that everybody had when we were in high school. As in that, I didn't have them. I didn't have them, but I wanted them. But my mother, no way would she let me spend money on something like that. As if I had any money anyway to spend. But you were well fed.

Yes, I was. Oh, let me tell you something about that. My mom would come home from work. And she had a very stressful job. She would come home and cook a full meal every night, every night. And in the mornings when we would wake up at seven, she'd be long gone to work. And there would be three plates sitting out with forks and spoons at the bar. And on the other side of, as we called it, the the bar there was this stove and there would be grits and eggs and bacon sitting there that would be at seven o'clock i don't know what time

she actually left okay i'm trying to find this guy's phone number do you want to give it to me or do you want me to keep searching oh wait wait did i actually find it five four one three eight 541-388-6520. It says District Attorney's Office Reception. 541-388-6520. And Deschutas County. I'm sure that we're mangling it. Because you know what pushed me over the edge? I was already at the edge ready to leap into a death penalty proceeding.

But when you told me they had an alarm on this child's door, when she tried to sneak out and eat, it would go off. You know what? To H-E-double-L with them. And if I can push them through Satan's door, I will do it. God help me. I know that's not nice. I know it isn't.

Look at the obituary for this child. This was like three days before Christmas, this past Christmas. And they adopted her. Yes. This Garcia, Estevan Steve Garcia, is the biological uncle. He adopted this child when she was three months. It was two years later when this child was about two that he met the woman he then married, who is his now co-defendant and alleged partner in crime, Socorro.

And they already had kids from previous marriages, each one of them. They lied and tried to tell police she wouldn't eat because she was ill. She wouldn't eat because they wouldn't give her food. Prosecutors claim that she had prolonged malnourishment, including a distended stomach and muscle wasting, and that her arms and legs look like bones with skin on them. So disturbing. In the obituary, they announced that they set up a GoFundMe account. And I checked on this. They actually, after this child died, the alleged parents made $2,400 on a GoFundMe account. I wonder what they used that money for.

Probably more pizza and Panda Express meals for themselves. She was forced to take cold showers, endured spankings if she did not talk, or if she played with blocks. An affidavit said she was not allowed to play with other children they had all gone camping once and they would not let her warm herself by the fire after swimming they tried to force her to eat salad while everyone else had pizza and panda express can you imagine the tears this child cried? I'm looking at her picture, and those little eyes, they just call out to you.

They just call out. Just five years old, weighed 24 pounds. 24 pounds is what paramedics say. And that should be the weight of, like, a 20-month month old child. What else do you know, Alan? The morning that she died, the text messages between this man and woman are even more disturbing because they knew that she was not, I mean, they thought she had the flu. And the text messages, they actually debate whether taking her to a doctor. Garcia, Steve Garcia text, to me, urgent care is always less professional, like their doctors are always laid back. In other words, they were considering taking her to an urgent care instead of like a hospital emergency room because they thought the doctors wouldn't be as aggressive in realizing something was wrong.

And they said, yeah, you'll just go in there on their check for the flu and then we can go home. But they never took the child even to urgent care. And they were talking about, get this, this is from the alleged dad, might be good to go down there with all of the kids to show they are healthy. In other words, they wanted to show that the nine sisters, there was nothing wrong with them. So they could compare and say, oh, these kids, these are great parents because look, they got these healthy kids. It must be this one child who just doesn't want to eat. Doesn't want to eat with an alarm on

her door. One source said that by the time the girl was found, every one of her ribs were visible. You know what I do with Lucy? Lucy doesn't want to eat. Some horrible little wretch called her fat when she was like three which she was not of course and i mean that little kid called everybody in the class fat but

it hurt lucy's feeling so much she's so sensitive that I really think that that triggered her about she always, she's, she's just a kid. She's just nine. She really watches what she eats. So we all drink skim milk, but for her, I try to make, when I hug her, I can feel her rib and it nearly drives me insane, Alan. It's like I'll make her oatmeal in the morning. I'll put heavy whipping cream in it. Anything I can do to get her to eat. Anything. John David eats like a horse, so I don't have to ask him. You know, he's happy.

Whatever I make. But with Lucy, I ask her every morning what she would like that night so I can make it or learn how to make it. And, like, squeeze that in in all my spare time. But to think that you could feel every one of this little girl's ribs and you could see them. Now the lawyers are not speaking, citing a gag order. I bet those defense attorneys sure are glad there's a gag order so they don't have to try to defend these people.

But the autopsy was performed the next day. She definitely died of emaciation. Another thing, when you say this doesn't look like it's going to be a DP death penalty, remember there are aggravating circumstances for a death penalty. For instance, when a death occurs during the commission of a murder. Here, the felony would be felony child abuse, and that would be the underlying felony to support a death penalty case. What else do we know? I'm sorry. The police documents, the police interviewed this teenager, a 13-year-old girl who spent a lot of time with the family.

And what she said, her description of the treatment of this child is really horrible. She says that when they would have a dinner, for example, they would have Panda Express or whatever, that the couple wouldn't let this child eat. She kept, I'm quoting now from this police document, she kept asking if she could come have food. They would just ignore her. Another time, the family was watching a movie, and they wouldn't allow Malia to watch, forcing her instead to read, quote,

every time she looked up, they would say, read the book. So it wasn't just food. It was just different treatment between her and her nine sisters. That hurts me. Malia occasionally would have dinner with the teen and her family. And when she did, the little girl would beg for additional food. And she would be so hungry, she would eat to the point where she would throw up. The teen also said Malia was always in trouble, mostly for wetting the bed,

not talking because she was shy, or trying to sneak food at night. It just hurts me. I mean, if this is what an outsider, a visitor observed, what do you think was happening behind closed doors? And the pain, I mean, I don't know what it feels like to starve. But I know it must be awful. There's a medical history recorded by a Dr. Mary Rogers at Central Oregon Pediatric Associates, it shows at age three, Malia was at the 50 percentile for weight. Before, she had dropped to the fifth percentile.

And at death, she was three feet, two inches. She was in the 0.1 percentile. Now, that interests me, Alan, because why wasn't the doctor following up? And why didn't this doctor, Dr. Mary Rogers at Central Oregon Pediatric Associates, when you know the child has gone from the 50th percentile for weight to the 5th percentile, okay, doesn't that ring a bell of alarm? Aren't you supposed to contact someone and tell them you think there's child abuse? I think what happened here, based on what I see in these text messages,

is doctors would ask questions, and so guess what the parents, alleged parents, would do? Would lie. They would stop taking that child to that doctor or any doctor. That's why they were talking about urgent care. Oh, the doctors are less professional. Like they'll look the other way. And I don't believe that for one minute. I think the doctors at urgent care can be wonderful.

So Malia Hope Garcia literally wasted away. She starved to death. And I'm telling you, if this district attorney does not seek the death penalty on this for willingly allowing this child to die, I mean, Alan, if we're going to have the death penalty, is this not the perfect case for it where you stand by and let a child die? In my mind, yes. But in Oregon, they have very few death sentences imposed. I'm right now looking at some of the statistics over the last several years. In fact, in 2011,

the governor imposed a moratorium on executions. But they've had very few death sentences handed down in Oregon in the last several years. I wonder why that is. It's by lethal injection, correct? Yes, it is. Another issue I see is I think they knew that she was dead or dying for a long time before they called 911 because, as you mentioned, the father asked the wife to take the other children with her to emergency care to show they're healthy, the affidavit says. But the wife writes him, you need to come home and we need to take her in. That's 1047 a.m. 1053, she says, answer now emergency. 1106, she texts, I called 911.

They are here. Malia had collapsed in the living room floor and was not breathing. She was pronounced dead at St. Charles Hospital in Redmond. They knew before they called 911 that she was dying and they just didn't know who to take her to so they wouldn't get in trouble, I guess is the way I'm trying to put it. Right. And they were trying to blame it on the flu. If they'd even taken her to that urgent care that day, I'm wondering medically if they could have even saved her at that point. Probably they could have pumped fluids in her to keep her alive. I got another question.

If she's five years old, how come she's not on the radar of the public school system? She had just turned five one month before. That's a good question. Why didn't she go to kindergarten? I think when you're four years old, you can stay off the radar, but she turned five in November. So, Alan, I understand that the judge has imposed a gag order. Do we know why? They just don't want this discussed publicly, I think, because it's so sensational to preserve the discussion. It's a small town, relatively speaking. We're talking about Bend, Oregon, out in the middle of, you know, right next to a big national forest. And it's a small community.

We see this a lot, gag orders imposed when it's a small community. And I can tell you also, I've talked with two local reporters there, and they were even reluctant to talk about it publicly. I mean, there's no gag order on them, but I think this is such a sensitive, controversial case in their community that they're laying low. I kind of find that hard to believe, and I haven't seen that many gag orders in my lifetime. I mean, occasionally I'll see them, big metropolitan area, small town. I haven't seen that many gag orders, and I'm suspicious. I'll give you a good example. Tara Grinstead, the judge down there in Osceola, Georgia, right now,

has imposed this broad gag order in the Ryan Duke case, in the Tara Grinstead investigation. Because, again, it's a small town. Okay. Can you name any others? Because I can't. As a reporter, I've dealt with it over the years, but it's kind of rare. And I was surprised to see that here. The press release

from the DA is all they're going to give us. The lawyers on the other side aren't going to talk. And even the reporters in town are somewhat reluctant. I think we need to go keep pounding away at that. I think we do and find out what's going on. The press release from the district attorney, while he wouldn't speak to us on the record, they did say this, this investigation has been all hands on deck. Redmond police and my deputies work closely with medical professionals to piece together the final months of this girl's life. Suffice it to say, she went through hell. Well, this is what I know. I know this child is dead from starvation. I know the district attorney, Hummel, can be reached at 541-388-6520.

And I'm very curious about whether they're going to take a cheap plea in this case and just sweep it under the rug or if they're going to go forward to get the maximum penalty that these two deserve. I'm Nancy Grace. This is Crime Stories signing off. Goodbye, friend.