Calgary

Grandfather guilty of beating boy 'one last time,' Crown argues in manslaughter trial

For weeks, five-year-old Emilio Perdomo was beaten over and over again until his grandfather attacked him "one last time," the Crown said in its closing arguments Thursday.

Allan Perdomo Lopez, 59, charged with manslaughter in 2015 death of Emilio Perdomo

Emilio Perdomo, 5, died in July 2015 of a severe head injury. His grandfather is on trial for manslaughter, accused of vicious acts of child abuse. (Court exhibit)

For weeks, five-year-old Emilio Perdomo was beaten over and over again until his grandfather attacked him "one last time," the Crown said in its closing arguments Thursday.

Allan Perdomo Lopez is on trial for manslaughter in the death of his grandson, who died of a severe brain injury in July 2015. The boy's small body showed abuse injuries he had suffered for weeks if not months, doctors have testified.  

"What would cause the head injuries?" said prosecutor Shane Parker. "Crown submits a five-year-old versus his grandfather."

Parker urged Court of Queen's Bench Justice Richard Neufeld to convict Perdomo Lopez of manslaughter. Defence lawyer Darren Mahoney will make his closing arguments next week.

Emilio had been sent from Mexico to live with Perdomo Lopez five months before his death. Photos taken of the boy in Mexico and when he arrived in Calgary show he was injury free. 

Allan Perdomo, 59, was charged with manslaughter after his five-year-old grandson Emilio died of multiple blunt-force trauma injuries in 2015. (CBC)

Parker reviewed what he described as the "evolution of injuries" suffered by the child; Emilio had bruises and scars in varying stages of healing.

He had scars on his back from being whipped with a belt. 

He had dark bruises on his feet, shins, knees, thighs, groin, stomach, chest, arms face and head. 

A bruise in the shape of an adult-size grip mark was clear on Emilio's arm.

A man who had a stand at a local flea market testified that every Sunday, he watched as the boy deteriorated until he was barely able to walk and had a bandage on his head.

After Emilio suffered his catastrophic brain injury on July 9, 2015, his small body began to shut down and he fell unconscious. Allan Perdomo never called 911 and it took 2½ hours for him to take the boy to a hospital.

The delay, suggested Parker, was "what to do after this punishment on this hot day went too far."

'I didn't want to kill that child'

Emilio survived for eight days in hospital before he died. 

In the months afterward, police set up wiretaps in Perdomo Lopez's home and car. 

In one of the wiretapped conversations, Perdomo Lopez refers to Emilio an "ungrateful demon."

At one point, Perdomo Lopez — who had nicknamed his grandson Papa — prays to God, asking for forgiveness.  

"You know it, Holy Father. I would tell him, 'Papa behave,' Lord, I didn't want to kill that child."

Parker pointed out Perdomo Lopez never used words like "death" or "accident," rather he said "kill."

"You have direct evidence of an unguarded prayer to God, you have that in the context of child abuse."

"Take him at his word," Parker urged the judge.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is the courts and crime reporter for CBC Calgary. If you have a good story idea or tip, you can reach her at meghan.grant@cbc.ca or on Twitter at @CBCMeg.

now