Defendant faces 26 years in prison

EPHRATA — Grant County Superior Court Judge John Antosz plans to announce his verdict Wednesday morning in the criminal case against 32-year-old Ephrata mother Maribel Gomez.

Gomez, an illegal immigrant from Mexico, is charged with homicide by abuse and first-degree manslaughter in connection with the September 2003 death of her 2-year-old son Rafael "Raffy" Gomez.

Gomez maintains she's innocent and her non-jury trial began more than a month ago, following 28 continuances.

Prosecutors argued during trial Raffy was the victim of a constant pattern of escalating injury while in Gomez's care. Raffy spent the first 11 months of his life, injury free, with foster parents, Bruce and Denise Griffith of Royal City, after he was born with cocaine and methamphetamine in his system.

While in Gomez's care during his second year, Raffy suffered two broken legs, multiple skull fractures, severe and repeated injuries to his shoulders, burns and bruises.

Numerous medical experts testified during the trial, claiming Raffy was the victim of abuse. An autopsy, completed by the Spokane County Medical Examiner, concluded he died of blunt-force trauma to the head.

A medical expert called to the witness stand by defense lawyer Bobby Moser said Raffy did not die from blunt-force trauma to the head. Dr. Janice Ophoven, a pediatric forensic pathologist from Minnesota, testified Raffy choked to death on food or vomit.

Moser argued Raffy was accident prone, overstuffed himself with food, often banged his head and engaged in self-mutilation.

Each accidental head injury Raffy suffered would exacerbate the one before, Moser argued. The pattern increased his susceptibility for future accidents and left Raffy in a constantly fragile state. The accidents built on each other, Moser said, until Raffy died as a result of a minor fall backwards in Gomez's home while his mother fed him noodles.

But Raffy's foster mother and several social workers assigned to the boy testified they never witnessed the behaviors described by Moser.

If convicted of homicide by abuse, Gomez faces up to 26 years in prison. The manslaughter charge carries a sentence of eight years.

Gomez, who has five other children in foster care, faces deportation if acquitted. A guilty verdict would require Gomez to serve her sentence prior to deportation.