The Misery Machine - The Case of James Dunklee Cruz

Starting point is 00:00:00 James Riley-Dunkley-Cruz was born in New Mexico on January 17th, 2015. His mother, Krista Cruz, was only 17 years old and in foster care when he was born. Although she was only a teenager, she already had another son before James was born, and she lost custody of him in 2014. James was a bright soul who had brown hair, dark brown eyes, and a big smile. He had his own room full of toys at his grandparents' house and his own dog named Kellele after Superman. He loved playing dinosaurs with his cousins. He liked big trucks. He liked the characters from Toy Story and Paw Patrol. His family said he was upbeat, loved everyone, and was always the life of the

Starting point is 00:00:42 party. According to his grandfather, he was a loving little boy who liked to show affection. Whenever they saw each other, he said James would run up to me and say, Papa, and grab a hold of my leg, and he would hug my leg. He wasn't shy at all. His aunt said he liked to make new friends and would say hi to anyone who came his way. Because of privacy laws, we only have a few details regarding Chris's early life, but we know she had been the victim of educational neglect, physical abuse, and unusually harsh discipline. The New Mexico Children, Youth and Families Department, which we will refer to as CYFD moving forward, was repeatedly called when she was just a child.

Starting point is 00:01:22 After 22 referrals, she's placed in foster care when she was 10 years old, and her mother's parental rights were terminated in 2009. Krista was 11 at the time. She remained a ward of the state until she aged out of the system. She became pregnant for the first time when she was around 15 years old. After her first son was born, the father's family won legal custody of the boy in 2014 after claiming that the teen was an unfit parent. By April of that year, she was 16 and already pregnant with James.

Starting point is 00:01:51 On January 18th, 2015, one day after James was born, CYFD received a report that Krista was emotionally, abusing her newborn son. An agency did not release the identity of the person who made the report, but it was likely either a medical worker or a family member given that the baby had just been born. Krista decided she and the baby were going to move back in with her biological mother, and once she turned 18, no one could stop her from doing just that. More reports were made to CYFD and an investigation two months after his birth found the home

Starting point is 00:02:23 he had been taken to was unbearable. The floors were covered in dog feces and crowsy. garbage, and roaches swarmed over the filth. The report also said Krista wasn't taking James for regular doctor's appointments and that she was neglecting and mistreating him. The agency ordered her to take parenting classes, but she never complied with their demands. James' biological father was in his life for a short time, but after the couple ended their romantic relationship, Krista refused to let him see his son. She also cut off contact with his family. None of them knew where she or James was living.

Starting point is 00:02:58 Around this time, what has been described as Krista's maternal family became involved in his care. We know who they were, but not exactly how they are related to Krista. James' Aunt Amber Lowe said her mother, Sandra Lowe, and her husband Kevin Nelson took care of James for several years. Though Sandra does not seem to be Krista's biological mother, she and Kevin called James their grandson and absolutely adored the boy. His life in their home was happy. pictures showing him playing in the backyard and snuggling with his dog, but Sandra sadly passed away in 2018 when James was three. And over the protests of Kevin and other family members,

Starting point is 00:03:39 Krista took him to live with her and her new boyfriend. The family tried to get CYFD to intervene, but they refused, insisting the boy belonged with his mother. The aunt Amber described Krista as a serial dater going from one man to the next. When her current boyfriend was a nice guy, Things were better for James, but she didn't always pick nice guys and none of them were around for long. Not long after he started living with his mother again, CYFD received another report. This time, Jains was bruised and locked in his room.

Starting point is 00:04:12 Even though he was neglected and mistreated, the agency still left him with his mother. In June of 2019, Krista reported her current boyfriend referred to in CYFD reports by the initials J.M or CA against James and Devi against her. James said J.M. was hitting him with various objects and Krista admitted the abuse was happening. The agency placed James with his aunt Amber who had moved back to New Mexico and was living in her mother's house. James finally got to go home to his old room at his grandparents' house. Got to meet his cousins, Amber's children, and play with his dog. He got to hug his grandfather again. When James arrived at the house, his grandfather said he was in rough shape. He said, He came here. He had holes in his clothes. They smelled really bad. I mean, they smelled like cat pee. He was hungry.

Starting point is 00:05:00 And even though he was four years old, Krista still had him in diapers all the time. She had not potty trained him. Krista signed a power of attorney giving Amber custody until November. She was given housing and transportation assistance so she could leave her living situation and find a safe place to live. CYFD substantiated the abuse and closed the case since James was safe living with his aunt and grandfather, but they took no action to make sure that the boy would stay there. At the end of the summer, Krista told Amber she wanted to take James to the zoo. Instead, without telling anyone her plan, she took back physical custody of him. Amber contacted CYFD and told them she was very concerned because Krista still didn't have a stable place to live

Starting point is 00:05:43 or the skills she needed to care for James. The caseworker told her that it wasn't illegal for a mother to be homeless and said Amber and Krista needed to work together. Email from the caseworker read, I gave my suggestions to you and Krista last night. You and Krista need to communicate with each other. It cannot be a finger-pointing match between you and her. I believe you and Krista need to work together for James. I feel she does not know how to properly parent James, but she is wanting to try.

Starting point is 00:06:11 So I think we need to help her with that. I am doing what I can on my part as far as referrals. Hope this helps. Kevin the grandfather also contacted the agency, concerned that Krista's living situation was still dangerous, but unfortunately his concerns were ignored. In September, someone saw a small child wandering around alone late at night and called the police. The police found James still only four years old outside alone in the dark.

Starting point is 00:06:39 The friends Krista had left him with had gone out without telling her. Or at least that was the story she told CYFD. She also told him she was being evicted from her apartment on September 20th and would be moving in with her friends Pamela Esparza and Zerick Marquez. The caseworker left a message requesting the address of her new apartment so they could perform a home visit there, but Krista never responded. The caseworker followed up with four more calls over the next two weeks, but Krista never answered and never returned the calls.

Starting point is 00:07:11 The case was closed as unsubstantial. because the agency wasn't able to complete the investigation. The next apartment in the cinnamon tree apartment complex was even worse. Weeks after moving there, James ended up at the Duke City urgent care in Albuquerque with a dislocated shoulder in many other injuries. Now, during intake, he said he had a hard time sleeping. When a nurse asked if he could drink, he misheard her question and answered, I dream that I won't be hit again.

Starting point is 00:07:42 He was so beaten and. in bruise, it took the crime scene investigator 14 minutes to photograph all of his injuries. He even had a bruise on his private parts. He told the doctor that someone was touching him there and the doctor decided to call police. In police body cam footage, James sat criss-cross on a gurney with his arm and a black sling. Though he must have been in pain, he was sweet and polite when interacting with the officers. What's your favorite thing about Halloween? Noticing that one officer looked tired, he asked the officer if he was okay. When another asked to see all of his owies and noted that his hand looked swollen, he said,

Starting point is 00:08:46 because I got the arm popped. Then, trying to be helpful, he asked, do you want to look at my leg? Can you do me a favor and show me all your owies you have right now? Krista tried to explain away his injuries. She said she had no idea her ex-boyfriend had showered with James or touched him inappropriately. She said the bruise near his eye was from tripping and falling on his face while taking out the trash. Her roommate, Pamela, also showed up the ER and explained that some of the injuries came from her two-year-old daughter. Pamela told officers,

Starting point is 00:09:27 Despite their made-up explanations, the caseworkers suspected that the male roommate, Zerick, had caused the injuries. James was taken into temporary custody and placed in respite care with the foster family. Krista was told she could no longer live in the apartment with her friends, and arrangements were made for her to stay at the Joy Junction homeless shelter until more permanent housing assistance could be arranged. The next day on October 19th, James was interviewed again by a CYFD employee, and he told the worker that Zerick, Pamela, and his mother had all hurt him. He said Zerick touched him on his private parts and had beaten him repeatedly. He also said Zerick had burned him with hot water.

Starting point is 00:10:09 He said Pamela had beaten him hard with a shoe and a hairbrush, causing bruises on his back. He also said his mother hit him, and that two of her previous boyfriends, listed in documents as JM and AB, had hurt him as well. Medical workers and the crime scene investigators had evidence that supported what James said, and a caseworker was finally able to do a home inspection of the apartment that he had been living in. That caseworker thought James should be taken into state custody, but her supervisors disagreed with her. She begged them to change their mind, they told her, and I'm quoting from a fisherman, old documents here. They told her to calm down. On October 23rd, CYFD held a family-centered meeting with Krista. In the meeting, she was told James was not allowed anywhere near Pamela or Zerick.

Starting point is 00:10:57 Despite everything James said and all of the evidence presented, since Krista agreed she wouldn't be around the couple, the CA and SA charges against them were listed as unsubstantiated. The agency found that Krista was physically neglecting James, but She could remedy that with a safety plan. As part of that plan, Krista promised she would stay at the Joy Junction shelter and the agency arranged for daycare for James at the kid's castle. James was released into her care and they moved into the shelter that day. The very next day, she left the shelter.

Starting point is 00:11:31 She said she was staying with her sister, but that was a lie. She had actually moved James back into the apartment with Zerick and Pamela. The caseworker called police who performed a welfare check at Zerick and Pamela's apartment, but they found no one home there. Police track Krista down at work and obtain contact information for the alleged sister, which they gave to CYFD. When the caseworker called and left a message, she got no response. From October 24th until November 18th,

Starting point is 00:11:58 Krista continued to avoid calls from her caseworker when she could, and she lied about where she was living whenever she answered the phone. She claimed she had moved to Arizona and gave several different contact numbers, but no one ever responded to messages left at those numbers. Finally, the caseworker talked to Krista on November 18th, and she admitted she had never left the state, though she still claimed James was in Arizona. Convinced that Krista had violated the safety plan, CYFD updated the allegations against Zerick and Pamela, and listed them as substantiated.

Starting point is 00:12:31 Finally, the decision was made to take James away from Krista. The supervisor at the agency assigned an unnamed subordinate with the task of finding James and taking him into state custody. But that process moved too slowly, and fortunately, they did not find him in time. On December 10th, Pamela drove Krista to work, leaving James and their two kids home with Zerick, who had been smoking wax, a highly concentrated form of weed that's known to cause hallucinations in some people. Earlier in the evening, James had gotten an electrical burn on his ear, and according to Zerick, James, He said, I don't feel good, Dad.

Starting point is 00:13:16 Anyways, and fell back. He called Pamela and told her and Krista to come home because James was not acting right. When the women arrived home, they found James naked and unresponsive on the bedroom floor. Krista called 911 and told them her son was not breathing. When the dispatcher answered, she said, I need an ambulance. My son, he's limp and not breathing. While on the line, she also said to James,

Starting point is 00:13:42 I'm right here, baby. She gave the address to the cinnamon tree apartments and frantically screamed, please help me. Police and first responders from the fire department arrived a little after 10 p.m. and paramedics arrived a few minutes later. James was not breathing, so the first responder immediately started CPR. Everything Zerick said sounded suspicious. He told the responder that James hadn't been breathing for about 20 to 30 minutes. He claimed he had tried to do CPR before he called Pamela and Krista,

Starting point is 00:14:11 but he wasn't doing CPR when they arrived. arrived at the home. He also told the first responder to ignore the burn on his ear because it had occurred in a separate incident. The responder asked why he didn't call 911 right away. Zerick had no answer. The injuries the police could see just by looking at James were not consistent with Zerick's explanation of what happened. In addition to the bloody upper ear they were supposed to ignore, he was covered in bruises and had cuts on his lip, chin, and his knees. He also had a long scratch on his neck and a bump on the back of his head. Once paramedics arrived, they rushed James to the University of New Mexico Hospital,

Starting point is 00:14:49 but sadly, there was nothing they could do. He had been without oxygen for far too long, and was pronounced dead at 10.44 p.m. Detective Morin O'Brien, who went to the hospital to investigate his injuries, said she knew right away that he had been hurt on purpose, she said, and I quote, I knew this wasn't an accident. He didn't fall. I knew as soon as I saw him that he was beat to death. I didn't need an autopsy.

Starting point is 00:15:16 He was bruised literally from the top of his head to the tips of his toes front and back. Back at the apartment, police were still trying to get the truth out of Zerick. When officers told him his story didn't make any sense, Zerick claimed he was trying to find a clean pair of underwear for James, who was lying flat on his back on the bedroom floor. Zerick stepped over the boy on his way to the dresser, and he said he tripped and fell knee-first onto him. He said James started panting, was breathing funny, and had a blank stare.

Starting point is 00:15:48 He said the boy got up and took a couple of steps and then collapsed and hit his head. When officers noted his own hand was bruised and swollen, he first blamed it on a fight he'd had weeks before at work. When officers said the injury looked fresh, he changed his story and claimed he punched a car after hearing James had passed away. But he'd been with the officers, though. whole time, and none of the body cam footage showed Zerick punching anything. Despite their suspicion, officers had three suspects and not enough evidence to arrest any of

Starting point is 00:16:20 them. Over the next several months, the investigation moved very slowly. A week after his death, there was a vigil held to honor James at the ABQ party place. Krista's friends and community members gathered to remember the little boy. Krista made several public comments stating she always put James first and did everything she could to save him. She said, he came before myself and that she used to walk a long route to work so I could support him. She also said she'd know Zerick and Pamela since they were kids and said, I trusted this person with my life and like any mom, you think you've known them for so long,

Starting point is 00:16:58 they're not going to hurt your child or do anything like this. However, for all her talk of self-sacrifice, she didn't mention that she chose to go back to live in an unsafe apartment after promising to find other housing, and she didn't mention, she already had ample warning that her roommates were hurting her child. In January, three weeks after his grandson's death, Kevin told reporters he was frustrated and wanted answers. There still had not been any arrests. He said, I reach out to them and I feel like I'm being ignored. If nothing else, he said they should let somebody know that they're working on it. However, police were working on it, and Zarek's story was beginning to unravel. His two-year-old daughter told investigators from CYFD and the police

Starting point is 00:17:40 that her father jumped on James too hard when he got in trouble. She said James was hurt that night and she heard him yelling out. Police also found a string of revealing text messages on Zarek and Pamela's cell phones. Over the course of months, the couple had messaged each other about beating the children and lying about injuries that happened to James. They also talked about how much they hated James and his mother. In one particularly damning text, Pamela said she told James to shut up because no one cared about his leg being hurt.

Starting point is 00:18:12 She asked Zerick to lie to Krista and say that their daughter had hurt him. Even Pamela's mother talked to investigators. She saw James when they brought him to her house for Thanksgiving dinner. She said the boy was in a lot of pain and could barely walk, but her daughter told her that he just had a weak leg. By Thanksgiving, CYFD already decided to take him into his life. to state custody. It's not unthinkable that someone from the agency could have tracked down Pamela's mother to ask if she had seen him over the holidays. If they had caught up with James in time,

Starting point is 00:18:44 he would have been limping, but he still would have been alive today. Finally, on February 18, 2020, police arrested Zerick and charged him with intentional abuse resulting in death. It was intentional in part because he was watching James even though CYFD had ordered he had no contact with him. Zerick was held without bonds. Not until the end of the next year on December 13, 2021, where Krista and Pamela arrested in charge with reckless abuse resulting in death. On May 6, 2022, Zerick pled guilty. His sentencing hearing was held on December 15th

Starting point is 00:19:22 and presided over by Judge Stan Whitaker. That name might sound familiar. He was also the judge in the Omari Varela case that we covered earlier this year. During the sentencing hearing, Zarek's daughters both testified via video, describing the abuse that happened in their home. The medical examiner's office also detailed the many injuries James suffered, explaining that they indicated he had been suffering from abuse over the course of months. He had three jaw and chin fractures that were in the process of healing. He also had a subdural hematoma, which meant that he had been hit hard enough to damage the blood vessels in his brain, causing blood to pool there. This hematoma also showed signs of healing.

Starting point is 00:20:03 Externally, he was covered in bruises and cuts. Some were fresh and others were in various stages of healing. He had bruises on his right and left hips, the middle of his back, both knees and shoulders, and on his bottom. He also had bruises on his ribs, bicep, elbow, lower neck, the bridge of his nose, his cheek, and his ear. His chest neck and chin were scratched. He had two knots on his head as well as a fractured skull, and a large. and a large portion of his bottom lip was missing. Internally, his liver and pancreas had been lacerated,

Starting point is 00:20:36 causing blood to pool in his belly. His lungs, intestines, and other internal tissues were bruised. His cause of death was blunt head and torso trauma, caused by multiple fatal blows involving different parts of the body. His manner of death was ruled a homicide. Kevin wanted to know why. He said of Zerick, he's a grown man. what could a four-year-old child do to him that could warrant this kind of response?

Starting point is 00:21:01 During his impact statement, Kevin said James's death was senseless and could have easily been avoided. He said, if you were unhappy with James being in your home, you could have always just dropped him off by my house. I would have gladly taken him in as I have time and time again. Judge Whitaker said this was one of the worst cases he had ever seen. He sentenced Zerick to life in prison with the possibility of parole. after 30 years in accordance with the plea deal he had made. The judge also blamed CYFD for their multiple failures, noting that the agency had been

Starting point is 00:21:34 called at least 13 times and failed to take any meaningful action. He said, we are seeing too much of this. Too much of CYFD going in and seeing children in situations where probably kids should be taken out, and we just don't have that happening. As a result, we see way too many children being brutalized and abused and ultimately killed. I don't have any words for it. After his sentencing, Zerick filed an appeal saying that he thought his parole was guaranteed after 30 years

Starting point is 00:22:04 and not just a possibility. His appeal was denied. On September 12, 2023, Pamela pled guilty to abandonment of a child resulting in death, failure to report CA and one count of CA. At her sentencing hearing in November, she spoke in her own defense saying, I want to be accountable to my own role as a protector and guardian of James.

Starting point is 00:22:27 I want you all to know I never meant for this to happen, but it did. Judge Whitaker didn't appear moved by her statement. He said she had the power to save James, but she did nothing. He sentenced her to 13 years in prison and five years of supervised probation. On September 6, 2023, Krista pled guilty to four counts for her role in James' death. one count of child abandonment resulting in death, two counts of CA, and one count of failing to report CA. During her plea hearing, prosecutors argued that as a mother, she was responsible for protecting her son, and she should have realized he was being severely and repeatedly abused.

Starting point is 00:23:10 The prosecutor called this case, the worst of the worst. It's the worst case I've ever been a part of, but the most important case I've been a part of. In February of 2020, 24, Krista's attorney argued that the judge should show her leniency because she had been a victim of CA as a child and suffered from depression and other mental illnesses. Judge Whitaker said he wouldn't allow her to use her diagnosis as an excuse for murder. He said, it can't be used as a justification for not protecting this child. It cannot and will not by this court be accepted as an excuse. This could have been prevented. James could be here today.

Starting point is 00:23:50 He sentenced Krista to a total of 22 years, but her sentences will run concurrently. That means she will spend 10 years in prison and an additional five years on probation. Krista and Pamela are both currently serving their time at the Western New Mexico Correctional Facility in Sabola County. Zerick is serving his life sentence at Guadalupe County Correctional Facility in Santa Rosa. James was cremated and his remains are with his family. As grandfather said he wishes he could talk to him one more time and tell him I love him. Hang in there, it'll get better and get ready for school.

Starting point is 00:24:27 Kindergarten's coming up soon. He said what happened to his grandson shouldn't have happened and it should never happen again to anybody else. In behalf of his grandson, he filed a wrongful death lawsuit against CYFD and the state of New Mexico, alleging the state had at least 10 different opportunities to save James. Failed every single time. One of his attorneys, Alex Krecka, said, How many more kids have to die before we get actual reform at the investigative level to prevent atrocities like this? This is an atrocious case.

Starting point is 00:25:00 This child should be alive, and he should be taken care of by a family that loves him. The lawsuit pointed out that James's mother repeatedly violated safety plans with no consequences. It placed some of the blame on the structured decision-making tool the agency used to assess risk. The tool is supposed to help caseworkers make better informed decisions by helping caseworkers and their supervisors gauge the amount of danger the child is in. But according to the lawsuit, too often the inputs don't clearly and accurately convey the facts of the case and the resulting decisions are flawed, as happened in James' case. During depositions for the lawsuit, the caseworker who begged to take James into custody revealed even more misconduct,

Starting point is 00:25:41 the kind that shocks the conscience and could rise to the level, of a crime. Not only did her supervisors dismiss her legitimate concerns, they also demanded she change and delete portions of her notes before entering them into the CYFD database. They made her turn over her work phone so they could reset it on her and destroy all the evidence it contained. In response to these revelations, Attorney Krecka said, CYFD is engaged in a cover-up. They're destroying evidence of their own wrongful acts. They're saying in court that they do not have a responsibility to protect this child, it's disgusting. No criminal charges have been filed and no employees have been publicly sanctioned, but CYFD agreed to pay $4.9 million settlement to the estate,

Starting point is 00:26:28 money that will go to the older brother James never knew, or it will once the state can afford it. CYFD is asking for a special appropriation of $20 million in order to pay this, as well as six other settlements they agreed to in 2023. Though he was glad everyone involved, including Krista and CYFD, had to admit they had done wrong, it wasn't enough for James' grandfather.

Starting point is 00:26:55 He wants to see real change. He said the following. I'd like to see the whole place burn down and rebuilt. How would you like to see it be rebuilt? No better checks and balances, number one. Make sure everybody's doing their job and they're all on board. From

Starting point is 00:27:10 the secretary on down, everybody gets double-check. He doesn't want this to happen to another family and thinks the agency needs more oversight. He still thinks of his grandson every day and keeps a drawing James did on the front of his fridge. He said, This was something that James had done when he was living here.

Starting point is 00:27:31 For Kevin Nelson, all he has left to remember his grandson, James, are his toys and this drawing. After he passed, I just didn't have the heart to take it down and it's been up there ever since. It's never moved. It's kind of faded over time. And while the pain of a tragic death will fade with time.

Starting point is 00:27:49 And it'll stay up there forever. He said James wasn't here to see that justice was done, but he made one final promise to his grandson. Or when my life is done, I can at least go find him and tell him we got those responsible. You know, it wasn't in vain. On the one-year anniversary of James' death,

Starting point is 00:28:09 the nonprofit organization, New Mexicans against CA, asked his family to submit his story to help keep his memory alive. The family told their story as if James was speaking. They wrote, Hi, I'm James.

Starting point is 00:28:24 I have a story to tell you. I was born to a mother who really didn't know how to raise me. My daddy was around for a short time, but then he was gone. My grandmother and papa raised me. My mommy was around, but my grandma was really the one

Starting point is 00:28:36 who took care of me. My grandma died and I lived with my mommy. My family called for help to see if they could keep me. These people from CYFD came over and talked to me. I didn't really understand what was happening. I just knew I didn't want to go back with my mommy. I told these people why my mommy doesn't like me. I told them that.

Starting point is 00:28:56 They let me stay with my papa and auntie. Oh yeah, my cousin too. My mommy didn't have a place for me to stay. I wasn't in the best shape when I got to my papa's house. And then one day my mommy came and took me away. This is when my life got worse. We moved away a lot. My mommy wouldn't protect me like my family would.

Starting point is 00:29:14 I was sad. I missed the people who loved me. On December 10th, I was beaten so badly I was no longer responsive. I had to leave my body. My injuries were devastating to my family. My family has to live without me now. I cried when I had to leave them behind. I left this world alone, but I wasn't scared anymore.

Starting point is 00:29:35 I'm safe now. and my family is fighting for my justice on earth. I will see them all again one day. For now, I'm in a peaceful place playing with dinosaurs with Jesus. Don't let my story die like I had to. I can save others by telling my story.

The Misery Machine - The Case of James Dunklee Cruz

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