The Superior Court of Arizona in Maricopa County Adult Probation Department 2 Chief Probation O?icer BarbaraA. Broderick PRESENTENCE INVESTIGATION State of Arizona v. Bianca Arce, Superior Court Criminal Division Sentencing Date: June 3, 2011 Sentencing Judge: Christopher Whitten Prosecutor: Belle Whitney, DCA PSI Of?cer: Christopher Cross . Defense Counsel: Rachelle Ferraro, Ct Appt. Present Offense: The following information is summarized from Phoenix Police Departmental Report #2010?01558186: In the evening of October 30, 2010, police officers and ?re personnel responded to the defendant?s residence on the report of an injured person. Upon arrival, they contacted the defendant who was holding her unresponsive two-year old son, Juan ?Daniel? Resendiz. Fire department personnel transported Daniel to the hospital, where a doctor pronounced him deceased. Daniel had severe bruising to approximately eighty percent of his body, which included bruising and hematomas to his chest, abdomen and back. While at the hospital, the defendant was evasive when asked to provide more information for Daniel?s injuries: She eventually told the doctor that her boyfriend, Walter Munoz, had hit Daniel. Police subsequently arrested Walter Munoz at their residence. Their two other children, Angelina (age 5) and Juan (age 4) were inside the residence and placed in the custody of Child Protective Services. The defendant was taken into-custody, by police. In her interview with police, the defendant said she had observed the co-defendant hitting her two?year old son for several weeks. She told police that her son began to develop severe bruising as a result of the assaults against him. The defendant said these assaults against Daniel started in July 2010 when the co- defendant had moved in with her. in August 2010 she moved into a domestic Violence shelter, where Child Protective Services was contacted to report the abuse of her children. In September 20l0, the defendant moved back in with the co-defendant. She told police that she observed physical abuse to her three children from the defendant from September 2010 until the present date. She stated, ?1 should have done something, I knew they were being abused.? Codefendant-Action: Waiter Munoz (002) has a status conference on uly 27, 201 1 before the Honorable Judge McMurdie. - PAGE I The Superior Court of Arizona in Maricopa County Adult Probation Departmen Chief Probation Ojficcr Barbara A. Broderick - State of Arizona v. Bianca Arce, CR2010-158136-001-DT Victim's Statement: According to CPS caseworker Lizzie Cortopassi, the defendant?s two other children are doing very well considering the circumstances of this case. She said that their maternal aunt has temporary custody of them and is in the process of gaining full custody. She said the children have not exhibited any behavioral problems and have adjusted well to their new surroundings. Ms. Cortopassi said they are undergoing regular counseling to ensure a smooth transition. Regarding sentencing, Ms. Cortopassi said the plea agreement would appear fair based on the circumstances of this case. She said the defendant failed to protect her children and deserves the apprOpriate punishment from the Court. Defendant's Statement: The defendant said she returned to a man (the co-defendant) who was physically abusive to her and her children." She said the co-defendant killed her son. She was not there during the incident because she was at the store. He was with her three children at that time. The defendant said she made a mistake. She did not have a place to go. The shelter she was at told her that she had a thirty day review coming up and that she needed a ?plan The co-defendant apologized to her so she went back with him. On that day, she came home from the store and went into her son?s room. When they went in there, the co-defendant asked What was wrong with her son. They panicked because he was unresponsive. The defendant said she tried to wake up her son. She performed CPR on him. The co-defendant kept saying. he did not do anything to her son. The defendant ran to a pay phone and called 91]. After that, she doesn?t remember much because it was a blur. Regarding sentencing, the defendant believes that five years in prison is an appropriate sentence because it sounds better than ten years. She understands she made a mistake by getting back with the co-defendant. The defendant said she is already being punished. Statement of Interested Parties: Rachel Ferraro, the defendant?s attorney, has provided a written statement, which is attached for review by the Court. Deputy County Attorney Belle Whitney has not responded-to an inquiry for comments regarding this matter. Phoenix Police Detective Todd Ruggeri has not responded to an inquiry for comments regarding this matter. PAGE 2 The Superior Court of Arizona in Maricopa County Adult Probation Department Chief Probation Of?cer Barbara A . Broderick Risk/Needs Assessment: State of Arizona v. Bianca Arce, CR20104158136-001-DT Based on the Offender Screening Tool (DST), the following is an assessment of the defendant's risk to re-offend and eriminogenic needs. Domains with scores above 60%, or Mental Health score above 50%, signi?cantly contribute to the overall assessed Risk/Needs level and must be addressed when developing supervision strategies. Domains below 60% and above 0% may contribute to the overall assessed Risk/Needs level and may require interventidn. Domains with 0% do not contribute to the overall assessed Riskaeeds level and do not require intervention. The OST is a standardized statewide tool that has been validated and approved by the Administrative Of?ce of the Courts (AOC). A copy of the OST score results in a graph format is attached to this report. OVERALL LEVEL (Female Riskaeeds Range) '1-9 Low (GI-8) Medium-Low (9-13) Medium-High (14-20) High (21-42) DOMAINS THAT DO NOT CONTRIBUTE TO OVERALL LEVEL DOMAIN SCORE SUMMARY Residential 0/2 0% Prior to her arrest, she was living with her ex-boyl?riend. - DOMAINS THAT MAY CONTRIBUTE TO OVERALL LEVEL DOMAIN SCORE SUMMARY Criminal Behavior 4/9 44% The present offense represents the defendant?s first criminal convictions as an adult. I The present offense would be considered a violent offense. Attitude 3/7 43% The defendant has attitudes that are supportive of crime. She expressed negative feelings towards . people in positions of authority. The defendant expressed a desire to change. her life. - She said she would comply with probation supervision if given that opportunity. - PAGE 3 Ther Superior Court of Arizona in Maricopa County Adult Probation Department Chief Probation O?icer Barbara A. Broderick State of Arizona V. Bianca Aree, Vocational 2/5 40% Prior to her arrest, she was unemployed. She had not held a job since 200]. The defendant was being financially supported 'by her mother and the co? defendant. She was unable to meet her ?nancial obligations. Family and Social Relationships 3/8 38% The defendant was raised by her biological parents. She said she does not recall her father being around when she grew up. She indicated she was sexually abused as a child. The defendant is not currently in a relationship. She has four children, one'of whom is the deceased victim. She was physically and verbally abused by the co-defendant once per week. Education 1/3 33 The defendant completed the ninth grade in high school. She dropped out in the tenth grade because she got pregnant. She was suspended for fighting in middle schooL The defendant reads above the sixth grade level. DOMAINS THAT SIGNIFICANTLY CONTRIBUTE TO OVERALL LEVEL DOMAIN SCORE SUMMARY Mental Health 2/2 100% Please refer to the con?dential section of this report for mental health information. Alcohol Use 2/3 67% The defendant was thirteen when she ?rst began consuming alcohol. - She said she would generally consume two beers per day, every weekday. 0n weekends. the defendant would drink half a bottle of gin to the point of intoxication. Drug Abuse 2/3 67% The defendant was ten when she experimented with toxic vapors three times. She was fourteen when she experimented with LSD twice. She was thirteen when she began smoking PAGE 4 The Superior Court of Arizona in Marieopa County Adult. Probation Department ChiefProbation O?icer Barbara A. Broderick State of Arizona v. Bianca Arce, CR20104-158136-001-DT marijuana on a weekly basis. She continued using the substance until a year ago. I Thc'defendant was ?fteen when she began using cocaine on a basis for a period of three years. . She was nineteen when she began using methamphetamine on a basis. She continued to use the substance until a year ago. a The defendant attended a treatment program at Terms in 2085. 0 She said she has a drug problem and would like to attend substance abuse counseling. Financial Assessment: The defendant said her only income was $693.00 per month in food stamps. Due to her unemployment, she is unsure how much she can afford to pay towards any Court imposed fees or restitution Discussion and Evaluation: The defendant is before the Court for sentencing for her ?rst through third felony convictions. Outside of the present offenses, she does not have any encounters with the criminal justice system as an adult. In the present offense, the defendant failed to protect her three children from abuse by her ex?boyfriend. Ultimately, the abuse led to the death of her two year old son. The defendant indicated she made a mistake and is already being punished forthis crime. She told police she was aware her ex-boyfriend was abusing her children for several weeks. She did make One attempt to get away from the co-defendant by moving into a shelter, but she moved back in with him a short time later, which allowed the abuse to continue. The defendant?s three highest areas of risk are her mental health status, her drug use and alcohol use. She has mental health issues and would likely bene?t from ongoing mental health counseling. The defendant admitted to frequent and excessive alcohol use as well as recent substance abuse. She has not undergone any counseling and may bene?t from substance abuse counseling. The defendant also exhibits risk factors in the area of attitude, vocational, family/social status, criminal behavior and education. The only area where she did not exhibit any risk is her residence. The plea agreement in this matter stipulates to a term of priSOn between ten to ?fteen years in Count 1, followed by consecutive terms of probation in Counts 2 and 3. While the defendant would appear to be a good candidate for probation supervision based on her risk PAGE 5 The Superior Court of Arizona in Maricopa County Adult Probation Department - Chief Probation Officer Barbara A. Broderick State of Arizona v. Bianca Arce, factors, this offense would necessitate a far greater punishment than probation. The defendant knowingly left her children in the care of her ex-boyfriend who had abused them in the past. While she most likely did not intend for her youngest child to die at the hands of the co- defendant, it happened as a result of her negligent inaction by allowing her ex-boyfriend to care for her children. it was" her duty, as a mother, to protect her children from harm and she failed to do so. Prison terms in each of these matters, to run concurrently, would appear to be a more appropriate sanction. The defendant will be serving a term of prison and the Parole Department is far better equipped to transition the defendant back into the community. Identi?cation Status: Due to her incarceration, the defendant does not have access to documents to verify her identity. Recommendation: Count 1: _It is respectfully recommended that the defendant be committed to the Department of Corrections for the presumptive term. it is further recommended that the Court waive the term of community supervision and that probation begin immediately after the defendant's release from the Department of Corrections? custody. Pay through the Clerk of the Maricopa County Superior Court: Pay a probation surcharge in the amount of $20.00 per Case number. m2: It is respectfully recommended that the defendant becommitted to the Department of - Corrections for the presumptive term. It is further recommended that the Court waive the term of community supervision and that probation begin immediately after the defendant's release from the Department of Corrections? custody. lt is recommended that the sentence in Count 2 run the sentence in Count 1. PAGEG I Count I and 2. The Superior Court of Arizona in Maricopa County Adult Probation Department Chief Probation Officer Barbara A. Broderick State of Arizona v. Bianca Arce, Count 3: It is respeet?Jlly recommended that the defendant be committed to the Department of Corrections for the presumptive term. It is further recommended that the Court waive the term of community supervision and that probation begin immediately after the defendant?s release from the Department of Corrections? custody. It is recommended that the sentence in Count 3 run'eoncurrently. with the sentences in espectfully Christt'ipherV Cross, Adult Probation Officer Date: Cell: (602) 619-0464! Of?ce: (602) 506-3829 June 01, 2011 mailto:coross a d.marico a. ov Tammy Allen, Supervisor Phone: (602) 619-2883, Reviewed by: Judge: PAGE 7 IN THE SUPERIOR cover OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA I D. THE STATE or ARIZONA. go 5 to.) Plaintiff. I a 8? 3? BIL. Mbi?im vs. lltoore, Deputy BIANCA ARCE, I CR2010-158136-001 . . DOB: woo/1933 Booking a: p711337 Defendant PLEA AGREEMENT The State of Arizona and the Defendant hereby agree to the following disposition of thiscase: Em: The Defendant agrees to plead GUILTY to: Count 1: ATTEMPTED CHILD ABUSE, A CLASS 3 FELONY AND DANGEROUS CRIME AGAINST CHILDREN AND A DOMESTIC VIOLENCE OFFENSE (UV) ARCE) in violation of A.R.S. 13-1001, 13- and 13-801 committed on 91812010. Count 2; ATTEMPTED CHILD ABUSE, A CLASS 3 FELONY AND DANGEROUS CRIME AGAINST CHILDREN AND A DOMESTIC VIOLENCE OFFENSE (DU) (BIANCA ARCS) in violation of 13-3523IA), 13-1001, 13-305, 13-701. 13-702, and 13-801 committed on Count 3: ATTEMPTED CHILD ABUSE. A CLASS 3 FELONY AND DANGEROUS CRIME AGAINST CHILDREN AND A DOMESTIC VIOLENCE OFFENSE IDV) (BIANCA ARCE) In violation of A.R.8. 13-38231A), 13-1001. 13-705, 13-701, 13-702, and 13-001 committed on 1013012010. This is a non-dangerous, non-repetitive offense under the criminal code. THIS OFFER EXPIRES AND IS VOID IF NOT ENTERED IN COURT BY. Terms: On the following understandings. terms and conditions: gaunt 1 The crime carries a presumptive sentence of 10 years; a minimum sentence of 5 years; and a maximum sentence of 15 years. Probation is available. gong The crime carries a presumptive sentence of 10 years; a minimum sentence of 5 years; and a maximum sentence ot16 years. Probation is available. Count Q: The crime carries a presumptive sentence of 10 years; a minimum sentence of 5 years; and a maximum sentence of 15 years. Probation is available. Restitution of economic loss to the victim and waiver of extradition for probation revocation procedures are required. The maximum ?ne that can be imposed is $160,000.00 plus an 84% surcharge plus $20.00 pursuant to one. 12-269. lithe Defendant is sentenced to prison, the Defendant shall also be sentenced to serve a term of community supervision equal to one-seventh of the prison term to be served consecutively to the actual period of imprisonment. If the Defendant falls to abide by the conditions of community supervision, the Defendant can be required to serve the remaining term of commenin supervision in Prison. Within 30 days of being sentenced. pursuant to A.R.S. 13-61 D. the defendant shall provide a suf?cient sample of blood or other bodily substance for deoxydbonucleic acid (DNA) testing and extraction to be used for law enforcement identi?cation purposes andlor for use in a criminal prosecution andlor for use in a proceeding under title 38. chapter 37. Special conditions regarding the sentence imposed by statute (If any) are None. n? State of Arizona vs. BIANCA ARCE CR Number: CR 2010458136001 PLEA AGREEMENT ?t The parties stipulate to the following additional terms. subject to court approval at the time of sentencing as set forth paragraph 7: Con ds serve a to in the no 09' when of Co as a to less the 10 Years and no 0 _n15 rsshall be as tour: 0 "Rm 9 ba?date to II a astitutlon to lvicti a node ins ran com in a to . The following charges are dismissed. or if not yet ?led, shall not b'e"brought against the Defendant by the Maricopa an in. County Attorney's Office: Nogg. This agreement serves to amend the complaint, indictment. or information. to charge the offense to which the Defendant cicada, without the ?ling of any additional pleading. However, if the plea is rejected by the court or withdrawn by either party, or If the conviction is subsequently reversed. the original charges and any charges that are dismissed by reason of this plea agreement are automatically reinstated. if the Defendant is charged with a felony, she hereby wolves and gives up her rights to a preliminary hearing or other probable cause determination on the charges to which she pleads. The Defendant agrees that this agreement shall not be binding on the State should the Defendant be charged with or commit a crime between the time of this agreement and the time for sentencing in this cause; nor shall this agreement be binding on the State until the State confirms all representations made by the Defendant and her attorney. town: Def nt euro 3 0 tie reign! u ggy lurisdigilgg ung or any name, Qefendagt 3215;: EDT 9n probation. ggrgie or release to; a felgny offense on the date of offense. If the Defendant fails to appear for sentencing, the court may disregard the stipulated sentence and impose any lawful sentence which is lhe same as or exceeds the stipulated sentence in the plea agreement in the event the court rejects the plea, or either the State or the Defendant withdraws the pics, the Defendant hereby waives and gives up her right to a preliminary hearing or other probable caUSe determination on the original charges. Unless this plea is rejected by the court or withdrawn by either party. the Defendant hereby Waives and gives up any and all mOUOns. defenses, objections. or requests much she has made or raised, or could assert hereafter. to the court's entry of judgment against her and imposition of a sentence Upon her consistent with this agreement By entering this agreement. the Defendant further waives and gives up the right to appeal. The parties hereto fully and completely understand and agree that by entering into a plea agreement. the defendant consents to judicial fact ?nding by preponderance of the evidence as to any aspect or enhancement of 89013006. including aggravating circumstances and matters dismissed or not tiled, without formal or written allegation. Moreover. the parties agree that any sentence either stipulated to or recommended herein in paragraph two is not binding on the court. in making the sentencing determination. the court is not bound by the rules 0f GVideiice. If after accepting this plea the court concludes that any of the plea agreements provisions regarding the sentence or the term and conditions of probation are inappropriate. it can reject the plea.? if the court decides to reject the plea agreement provisions regarding sentencing, it must give both the state and the Defendant an opportunity to withdraw from the plea agreement. In case this plea agreement is withdrawn. all original charges will automatically be reinstated. The Defendant in such case waives and gives up her right to a probable cause determination on the original charges. if the court decides to reiect the plea agreement provisions regarding sentencing and neither the Slate nor the Defendant elects to withdraw the plea agreement, than any sentence either stipulated to or recommended herein In paragraph 2 Is not binding upon the court. and the court is bound only by the sentencing limits set forth in paragraph 1 and the applicable statutes. This plea agreement in no way affects any forfeiture proceedings pursuant to ARS. 13-4301 at egg, 5 13- 2314. Of 32-1993. if applicable. nor does the plea agreement in any way compromise or abrogate any civil actionS. including actions pursuant to A.R.S. 13-2301 et seq. or 13-4301 et seq.. or the provisions of A.R.S. 13-2314 or A.R.8. 5 13-4310. - Understand that if i am not a citizen of the United States that my decision to go to trial or enter into a plea agreement may have immigration consequences. Speci?cally, i understand that pleading guilty or no contest to a crime may affect my immigration status. Admitting guilt may result in deportation siren lfthe charge is later dismissed. My plea or admission of guilt could result in my deportation or removal. could prevent me from ever 2 State of Arizona vs. BIANCA ARCE CR Number: CR 2010-1 581 36001 PLEA AGREEMENT being able to get legal status in the United States, or could prevent me from becoming a United States citizen. I understand that I am not required to disclose my legal status in the United States to the court. . i have read and understand the provisions of pages one. two, and three of this agreement. i have discussed the ease and my constitutional rights with my lawyer, My'iawyer has explained the nature of the chargeie) and the elements of the comets) to which I am pleading. I understand that by pleading GUILTY i will be waiving and giving up my right to a determination of probable cause? to a trial by jury to determine guilt and to determine any fact used to impose a sentence within the range stated above in paragraph one, to confront, cross-examine. compel the attendance of witnesses. to present evidence in my behalf. my right to remain silent, my privilege against self-incriminelion. presumption of innocence and right to appeal. i agree to enter my plea as indicated above on the terms and conditions set forth herein. fully understand that if. as part of this plea agreement, I am granted probation by the court, the terms and conditions thereof are subject to modi?cation at any time during the period of probation. i understand that if I violate any of the written conditions of my probation. my probation may be terminated and i can be sentenced to any term or terms stated above in paragraph one, without limitation. have personally and voluntarin placed my Initials in each of the above boxes and signed the signature line below to Indicate I read and approved all of the previous paragraphs in this agreement, both individually and as a total binding agreement. a Date: - Defendant We at NCA ARCE i have discussed this case with my client in detail and advised her of her constitutional rights and all possible defenses. I have also explained the nature of the chargets) and the elements of the camels). I believe that the plea and disposition set forth herein are appropriate under the facts of this case. our in the entry of the plea as indicated above and on the terms nd ondltions settorth herein. .13: one; Llilolill Age/norm /7077 I Defense Counsel Rachelle Ferraro i have reviewed this matter and concur that the plea and disposition set ionh herein are appropriate and are in the interests ot/?ustice Map Data: Li I I Prosecutor is! at?. lei Belle Whitney Bianca is twenty-seven (27) yearsold. She has a history of having been abused and witnessing abuse of her siblings by the adult role models in her life. Not surprisingly, her relationships with men followed suit and she went from one abusive relationship to another, as victims of domestic violence often do. She dropped out of school at age 16 because she was pregnant with her first child. The father of her next three children (the victims in this matter) was in and out of her life prison. He too, physically abused her throughout the relationship. it was not uncommon for him to cause her bruises, a busted lip, and black eyes. He would regularly lock her out of the house and require her to beg and cry to be let back in. He did not abuse the children but focused all his abuse on her. Alter his most recent incarceration, Bianca turned to the (so-defendant in this matter and began a relationship with him. At ?rst he was only abusive with her. When he hit her child, she left him and took the kids - to a shelter, reporting the incident-to CPS. Towards the end of the month at the shelter, she was asked to make an alternative plan to'leave and support her children. She felt she had nowhere else to go and returned to the co-defendant in this matter after he promised he had changed. He had not changed and she nevertheless stayed. Within a month and one half, her son was dead. Bianca has been abused all her life by the men with whom she has associated and neglected by the adults who were supposed to provide her security. While that is no excuse for what occurred, she has endured considerable abuse such that it is not surprising that her senses/perceptions were dulled and her options seemed hopeless. Years of abuse (and traumatic experiences) dull a person?s senses and reactions such that they do not perceive events and they do not act the way we anticipate they should. I am not excusing her behavior, but asking the Court to look at it in the context of her life and her history. She has lost her youngest son as a result of her decisions to return the man who had abused her and her children. She listened to his promises that he had changed and Failed to protect her son, such that it cost him his life. That is something she will have to live with the rest of her life. 1 am asking the court consider her lack of prior record, her previous history of abuse and traumatic history, her genuine remorse and regret, her acceptance of responsibility for her actions, and her. desire to take advantage of the programs and counseling available in, prison to better herself as mitigating factors and impose a sentence of 10 years in prison with probation to follow per the plea agreement.