SAN ANTONIO – Details in this case may be disturbing and hard to read for some. Reader discretion advised.
A San Antonio woman and her boyfriend are facing 13 counts of assault – intentionally or knowingly causing serious bodily injury to a child -- in connection with the death of 5-year-old Mercedes Losoya.
Losoya was unresponsive when her mother, Katrina Mendoza, took her in early February to a hospital, where she would later die.
Mendoza and her boyfriend, Jose Ruiz, were arrested and charged in connection with the child’s death.
Mendoza was indicted on the following five counts:
- Count I: This count alleges that on Feb. 7, 2022, Mendoza intentionally and knowingly caused serious bodily injury to Mercedes Losoya, a child who was 14 years or younger, by forcing a utensil into the mouth of Losoya and by manner and means unknown to a grand jury. It also alleges that Mendoza intentionally and knowingly, by omission, caused serious bodily injury to Losoya and that Mendoza had a legal duty to act and failed to do so in that Mendoza failed to seek adequate medical treatment for Losoya.
- Count II: This count alleges that on Jan. 29, 2022, Mendoza used and exhibited a deadly weapon (hands) that in the manner of its use and intended use was capable of causing death and serious bodily injury to Losoya by holding Losoya under water with Mendoza’s hands.
- Count III: This count alleges that on Feb. 1, 2022, Mendoza intentionally and knowingly caused bodily injury to Losoya by pulling the hair of Losoya with the hand of Mendoza.
- Count IV: This count alleges that on Feb. 2, 2022, Mendoza intentionally and knowingly caused bodily injury to Losoya by striking Losoya with the foot of Mendoza.
- Count V: This count alleges that on Feb. 5, 2022, Mendoza intentionally and knowingly caused bodily injury to Losoya by striking Losoya with the hand of Mendoza.
Ruiz was indicted on the following eight counts:
- Count I: This count alleges that on Feb. 7, 2022, Ruiz intentionally and knowingly caused serious bodily injury to Losoya by pulling a sock out of the mouth of Losoya with the hand of Ruiz and by a manner and means unknown to the grand jury. It also alleges that Ruiz intentionally and knowingly, by omission, caused serious bodily injury to Losoya, in that Ruiz had assumed care, custody and control of Losoya and that Ruiz failed to seek adequate medical treatment for Losoya.
- Count II: This count alleges that on Jan. 28, 2022, Ruiz used and exhibited a deadly weapon (hands) that in the manner of its use and intended use was capable of causing serious bodily injury, and that Ruiz intentionally, knowingly and recklessly caused bodily injury to Losoya, by covering the mouth and nose of Losoya with the hand of Ruiz.
- Count III: This count alleges that on Jan. 21, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by striking Losoya with the hand of Ruiz.
- Count IV: This count alleges that on Jan. 23, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by pinching Losoya with the hand of Ruiz.
- Count V: This count alleges that on Feb. 1, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by inserting tacks into the feet of Losoya.
- Count VI: This count of the indictment alleges that on Feb. 2, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by striking Losoya with a belt.
- County VII: This count of the indictment alleges that on Feb. 3, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by pulling the hair of Losoya with the hand of Ruiz.
- Count VIII: This count of the indictment alleges that on Feb. 5, 2022, Ruiz intentionally and knowingly caused bodily injury to Losoya by striking Losoya with a cell phone.
Jasmine Anderson of the nonprofit organization, KJ’s Angels, has been helping Losoya’s surviving sister, who is now living with a family member.
Anderson said the details of this case are important to share with the public.
“Listing exactly what happened to Mercedes, you’re kind of forcing the public and everybody involved to recognize what happened to her, and that is a good thing, and that’s how you get justice,” Anderson said.
This case will go through the 187th District Court. It could be awhile before it heads to trial, but if Ruiz and Mendoza are found guilty they face 5 to 99 years or life in prison.
If you see child abuse happening, you can reach the Texas Department of Family and Protective Services by calling 1-800-252-5400.