Background: News footage of Roxanne Helus at her arraignment on Nov. 6 (KGTV). Inset: Christian Olvera (Facebook).
A California woman who owned a day care center was allegedly "intoxicated" when an infant she was tasked with watching became unresponsive.
Roxanne Helus, 49, was initially charged with child endangerment in connection with the death of 4-month-old Christian Olvera on Oct. 22. But by the time she left her arraignment at a San Joaquin County courthouse on Thursday, she was charged with second-degree murder. According to the Manteca Police Department, officers responded to Helus' home where she ran her day care service after getting a call that a baby was "not breathing."
When they arrived, another adult was performing CPR on the infant. Helus, police said, was "intoxicated."
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Christian was taken to a local hospital on the afternoon of Oct. 22 and later transferred to Oakland Children's Hospital. He was taken off life support on Oct. 24. Police said he showed no signs of trauma. Results from an autopsy have not been publicly released.
When Helus was arrested, she was charged with child endangerment and booked into the San Joaquin County Jail. She posted bond and was released. On Thursday, she appeared in court for her arraignment. According to courtroom reporting by local ABC affiliate KGTV, Helus was handed a charge of second-degree murder in connection with Christian's death. She also faces charges of willful cruelty to a child and causing great bodily injury to a child resulting in death.
Police said that at the scene at Helus' home-based service, Cherished Years Daycare, there were four other adults assisting with the care of three additional children. No other children were harmed.
Helus was ordered to go back to jail, where she is being held without bond. Her attorney, Eugene Kilbride, called Christian's death "a terrible and tragic incident, and I do want to extend my heartfelt condolences to the family." However, he did not believe that there was "willful conduct" to merit a murder charge.
Erica Valdivia was a cousin to Christian, and she told KGTV, "On Friday, Oct. 24, as a family, we joined Christian's parents in the room as they disconnected him from life support, and that pain was unbearable, watching him take his last breath."
Helus is due back in court on Dec. 4.
