SOPHIA ACOSTA - 3 yo (2011) - Exeter (E of Visalia; SE of Fresno) CA

Death penalty an option in Exeter case

http://www.visaliatimesdelta.com/article/20110604/NEWS01/110604002/Death-penalty-an-option-Exeter-case-?odyssey=tab|topnews|text|Frontpage

ERIC WOOMER

3:59 AM, Jun. 4, 2011|

The Exeter man who police say tortured and killed a toddler could face the death penalty, prosecutors said Friday.

Chris Cheary, 20, will be arraigned Monday at the Tulare County Pretrial Facility, where he will face four felony counts related to the death of Sophia Acosta, 3, who died May 11.

Charges include:

> First-degree homicide, with a special circumstance that the death was caused during sodomy, a special circumstance of lewd acts
on a child and a special circumstance that Cheary tortured the toddler. (In the criminal court system, special circumstances can enhance prison sentences if found to be true.)

> Child abuse, causing death.

> Sodomizing a child, with special allegations that the act caused great bodily injury, that torture was committed during the act and that the victim was younger than 14.

> Forcible lewd acts on a child, with special allegations that the act caused great bodily injury, that torture was committed during the act and that the victim was younger than 14.

“There is not a day that goes by that I don’t think about what this little baby must have gone through,” said Exeter Police Chief Cliff Bush. “It was time to go get him.”

Cheary has no criminal record, prosecutors said. A decision on whether to seek the death penalty will be made at a preliminary hearing, a date that has not yet been determined.

Cheary is now behind bars, but there is still one more person police are looking closely at, Bush said. Sophia’s mother, Ericka Smith, is still considered a suspect and police are determining whether she had a role in her daughter’s death, Bush said.

Besides Cheary, she is considered the only suspect in the case.

Smith’s grandmother, Ruth Williams, said she places blame on her granddaughter and her decision to leave Sophia and younger sister Alexis, 1, with Cheary. Williams, 61, stood outside the Exeter Police Department on Thursday night in hopes of seeing Cheary.

“I wanted him to see my eyes. I have seen his eyes and they are evil, hollow. He’s nothing but a demon,” she said. “I’ll be at the trial, so he has to see me.”

Cheary was arrested in Turlock about 6 p.m. Thursday. He was in the area because he has family and friends in Stanislaus County, Bush said. Police knew Cheary had left the area and had been in contact with him since the beginning of the investigation, Bush added.

Sophia was found the afternoon of May 7. When officers and medical personnel arrived, they found three people — Smith, Cheary and a neighbor — trying to help the toddler, who lay naked and lifeless on the apartment floor.

Emergency personnel were able to obtain a pulse and rushed Sophia to Kaweah Delta Medical Center. A few hours later, she was flown to Children’s Hospital Central California in Madera County. She died May 11 of a brain hemorrhage.

Since the death, detectives from Exeter, Farmersville and Porterville have collaborated with the DA’s office to build a case. Shani Jenkins, an assistant district attorney, said collaboration was necessary because her office has the burden of proving beyond a reasonable doubt that
Cheary caused Sophia’s death. Sophia’s great-grandmother is already convinced. “There’s no doubt that he did this and if [Child Welfare Services] had done something, my Sophia would still be alive,” Williams said.

She said Smith has spent time with Alexis since Sophia’s death, while Williams has been barred from seeing Alexis. Williams said she, as well as her brother, nephew and niece, have called CWS a total of 10 times. Williams said a representative from the agency did one welfare check at the
apartment, but didn’t take custody of Sophia or Alexis.

The Tulare County agency has continually denied comment, saying it may jeopardize the DA’s case.

I did a little searching and found this picture of Sophia ~



and this one of the accused: Christopher Cheary ~



What's that I used to say about neck tattoos? Oh yeah, I remember ~ like an advertisement that you want to be incarcerated.

20-year-old Chris Cheary entered a plea of "not guilty" to murder and
child abuse charges during an arraignment hearing in Tulare County on
Monday.

Cheary is accused of murdering his girlfriend's 3-year-old daughter, Sophia Acosta, back in May.

"I
hope that he gets everything that's coming to him," Acosta's uncle,
Nick Williams, said outside the Tulare County Pre-Trial Facility after
the hearing had ended.Cheary was arrested last week in Stanislaus
County nearly a month after Acosta was found unconscious inside an
Exeter apartment. She died several days later. An autopsy revealed she
suffered blunt force trauma, investigators said. Investigators
believe Cheary murdered, tortured, and sexually assaulted Acosta based
on the amount and type of injuries that she suffered, police said.
Cheary denied any involvement during an exclusive interview with CBS47
last month. Cheary told CBS47 at the time that he believed Acosta fell
and hit her head. "I would never touch that little girl. I love her more than I love myself," Cheary said during the interview. Officers are still investigating if Acosta's mother had any role in her death, police said on Friday. Acosta's
family says they plan to attend all of Cheary's court hearings. They
want to make sure justice is served in the case, Williams said. "It does give some closure. You know, it gives some satisfaction, but we want to see it through til the end," said Williams. Cheary's
next court appearance is set for June 16th. He's being held without
bail because he could face the death penalty, if convicted.
http://www.cbs47.tv/news/local/story/Cheary-Pleads-Not-Guilty-to-Murder-Charges/zM2R6CHpBUesaXKVpl3DcQ.cspx

plaidlined wrote:Pictures of Sophia and those presumed to be responsible for her death:

https://www.facebook.com/pages/In-Our-Hearts-Baby-Sophia/210542395644268?sk=photos

I pray this father is successful in his quest for custody.

TomTerrific0420 wrote:20-year-old Chris Cheary entered a plea of "not guilty" to murder and
child abuse charges during an arraignment hearing in Tulare County on
Monday.

Cheary is accused of murdering his girlfriend's 3-year-old daughter, Sophia Acosta, back in May.

"I
hope that he gets everything that's coming to him," Acosta's uncle,
Nick Williams, said outside the Tulare County Pre-Trial Facility after
the hearing had ended.Cheary was arrested last week in Stanislaus
County nearly a month after Acosta was found unconscious inside an
Exeter apartment. She died several days later. An autopsy revealed she
suffered blunt force trauma, investigators said. Investigators
believe Cheary murdered, tortured, and sexually assaulted Acosta based
on the amount and type of injuries that she suffered, police said.
Cheary denied any involvement during an exclusive interview with CBS47
last month. Cheary told CBS47 at the time that he believed Acosta fell
and hit her head. "I would never touch that little girl. I love her more than I love myself," Cheary said during the interview. Officers are still investigating if Acosta's mother had any role in her death, police said on Friday. Acosta's
family says they plan to attend all of Cheary's court hearings. They
want to make sure justice is served in the case, Williams said. "It does give some closure. You know, it gives some satisfaction, but we want to see it through til the end," said Williams. Cheary's
next court appearance is set for June 16th. He's being held without
bail because he could face the death penalty, if convicted.
http://www.cbs47.tv/news/local/story/Cheary-Pleads-Not-Guilty-to-Murder-Charges/zM2R6CHpBUesaXKVpl3DcQ.cspx

Her mother need to be in a cell for the rest of her life.

These POS mothers bring these POS men into their bed and homes and their children suffer from their poor judgment and horniness. A child could not be abused in this manner without a mother knowing about it.

IMO.

Fight delays murder hearing

Updated: Wednesday, June 22, 2011 3:03 PM PDT

A hearing for an Exeter man accused of killing a child was delayed last week after he was involved in a fight with three other inmates.

Christopher Rey Cheary, 20, of Exeter was one of three inmates involved in the altercation on June 16 while they were being transported through the underground tunnel from the Main Jail to the Tulare County Courthouse, according to the Tulare County Sheriff’s Department. Several deputies attempted to break up the fight.

Two deputies received minor injuries and were medically cleared to return to work the same day. All four inmates denied medical attention.

The Sheriff’s Department is not releasing any information about any of their injuries or Cheary’s involvement in the fight.

“We are not going into further detail as it is an active investigation,” said Sgt. Chirs Douglass, spokesperson for the Sheriff’s Department.

Due to the incident, injuries and staffing levels at the courthouse, Judge Gary Paden’s Department 11 was closed for the rest of the day, forcing the court to reschedule Cheary’s preliminary hearing setting.

Cheary’s hearing to set a date for his preliminary hearing on June 16 has been rescheduled to July 1.

The remaining inmate’s court dates were rescheduled.

Cheary is accused of killing his live-in girlfriend’s daughter, 3-year-old Sophia Acosta. Acosta, was pronounced dead on May 11 after being rushed to hospital and remaining on life support. Police found the girl on May 7 lying lifeless on the floor of their apartment in the 800 block of West Visalia Road. She was airlifted to Children’s Hospital Central California in critical condition on life support. Doctor’s at Children’s Hospital advised the Exeter Police Department of internal brain hemorrhaging and other injuries making the case suspicious in nature. An autopsy report later revealed that Acosta died of blunt force trauma and signs of sexual abuse.

Cheary is being charged with one count of murder with special circumstances for sodomy, torture and lewd and lascivious acts; one count of assault of a child causing death; one count of sodomy and one count of forcible lewd acts on a child, each with three special allegations for sodomy, inflicting torture and causing great bodily harm to a child under 14. The murder charge makes Cheary eligible for the death penalty.

Cheary pleaded not guilty to all counts at an arraignment on June 6. Cheary is being held at the Bob Wiley Detention Facility without bail.

Sophia and her sister, Alexa, 16 months, were living with mother Erika Smith and her boyfriend, Cheary, at the time.

http://www.thesungazette.com/articles/2011/06/22/news/news03.txt

I hope they beat him to a bloody pulp.

Community comes together for family of 3-year-old Exeter girl

2:20 AM, Jul. 25, 2011



Sophia's grandmother Diana Coronado, right, draws a blue ribbon,
while her niece watches at the Farmersville event Saturday. / Eric
Woomer

The last time Obediah Acosta saw his 3-year-old daughter Sophia was
the same day the little girl died from injuries determined to be blunt
force trauma to her head.

Acosta now
travels weekly from Livingston to Visalia to see his youngest daughter,
18-month-old Alexa, who is in the custody of Child Welfare Services.
Acosta is hoping to change that, while also raising awareness of child abuse and neglect.

A fundraiser Saturday in Farmersville started the process of raising
enough money to win Alexa back from Tulare County CWS. Family, friends
and supporters gathered Saturday to help. Haircuts, a motorcycle run
from northern California to Farmersville, raffles and several booths
selling food, shirts and games helped bring the total amount raised to
nearly $1,000.

Devin Terry, who owns Central Valley Chop Shop in Farmersville, donated $2
from each of more than 100 haircuts at his shop Saturday.

"It's important for Alexa to have her dad back. We need money to fight for
her, though," he said. "I knew Sophia since she was a baby and she meant
so much to all of us."

Trina Lopez, the girls' aunt, who wore a shirt that read "No excuse for child
abuse," said, "This is going to give us a lot of motivation in the
months to come. We will get through this tragedy. It's horrible, but we
will find a way to bring Alexa home and bring awareness to child abuse."

Tulare County Child Abuse Prevention Council has been trying to bring
awareness to the problem for many years, said coordinator Billie Shawl,
who attended the fundraiser.

Working with the Exeter City Council and the child abuse council, Shawl and
organizers are trying to create a memorial to child-abuse victims.

While the plaque — which will be placed in one of Exeter's parks — is spurred
by the death of Sophia, it will be dedicated to all the child victims in Tulare County.

"It's time to bring something positive to Exeter after little Sophia's
death," she said Shawl. "The memorial is about one thing: raising
awareness of child abuse and neglect, instead of causing more
frustration and anger from it."

Sophia died May 11, four days after police and medical personnel
found the little girl lying lifeless on the floor of her mother's Exeter
apartment.An autopsy showed blunt force trauma to Sophia's head and
was deemed the cause of death. Three weeks later, Exeter police
arrested Christopher Cheary, the live-in boyfriend
of Sophia's mother, Ericka Smith. Despite attempts to contact Smith, no
family or friends have been successful, many said Saturday.

Cheary was charged with murder, assault on a child under 14, sodomy of a child
and a special allegation that the sodomy was committed at the same time
that Sophia suffered injuries that lead to her death. Cheary is scheduled to be
back in court Aug. 16 for a preliminary hearing setting
date.

Acosta won't be going to the trial, but says the words and anger he has for Cheary
are inexpressible. On Saturday, he watched as a community came forward
to help him and his daughters.

"It means a lot to see what my friends were able to do to help me," he
said. "I can't say the things I want to say. I have to remember the good
and go forward."

Sophia Acosta's sister goes home with dad

Thursday, December 15, 2011

VISALIA, Calif. (KFSN) --
Sophia Acosta, 3, was killed back in May and since then, her parents
have endured an 8-month long battle for custody of Sophia's little
sister.
Obie Acosta
and his family leave the Tulare County Juvenile Detention Center
Wednesday morning after a heated custody battle for his 23-month old
daughter.
Acosta was granted full custody of little Alexa. She'll be two-years-old next month.
A judge ordered Obie Acosta not to talk to the media, but his sister
told Action News, they are thrilled Alexa will be coming home to them
soon.
Trina Lopez, Alexa Acosta's aunt said, "I just want to hug
her hug her and be able to maybe have a big old sleepover I don't know
but yeah we're real happy."
Obie and Alexa Acosta's mother,
Erika Smith, had been battling for her custody ever since Alexa's older
sister, Sophia, was murdered this past spring.
In May, Exeter
Police responded to the apartment Erika Smith shared with her boyfriend,
Christopher Cheary, to find the 3-year-old unresponsive. Later,
investigators revealed she had been sexually assaulted and then beaten
to death by Cheary.
Since the crime, Alexa has been in the custody of Child Welfare Services. Wednesday, she'll be going home with her father.
Alexa and Sophia's mother, Erika Smith, avoided our cameras by exiting the courthouse through a back entrance. She remains a person of interest in Sophia's murder.
Obie's sister, Trina Lopez, says because of the sensitivity of Sophia's
case, Obie has had to undergo anger management and domestic violence
classes in order to be eligible to receive custody of Alexa.

Lopez said, "Everything's good so baby is going to be safe she was
already safe where she was at but now she's going to be surrounded with
lots of love."
The Tulare County district attorney's office says
what happens in the custody hearing could play into the trial for
Sophia Acosta's accused killer, Chris Cheary. He is expected back in court in February.
Cheary is facing a possible death sentence for killing Sophia under a special allegation that he tortured her.

http://abclocal.go.com/kfsn/story?section=news/local&id=8467587

Thank God the mother didn't get custody or visitation (I hope). That POS mother allowed that scumbag to abuse and beat her baby. She deserves to have no children. After reading through the articles, there was plenty of evidence that abuse was ongoing and the mother was warned and knew about it. She belongs in jail with the baby murder. This makes my blood boil!

babyjustice wrote:Thank God the mother didn't get custody or visitation (I hope). That POS mother allowed that scumbag to abuse and beat her baby. She deserves to have no children. After reading through the articles, there was plenty of evidence that abuse was ongoing and the mother was warned and knew about it. She belongs in jail with the baby murder. This makes my blood boil!

Totally agree Babyj.

It is another injustice that the dad had to fight for so long. The child suffers for the court's ineptitude.

Why isn't this POS mother in prison?

A South Valley doctor has revealed disturbing
details about the Sophia Acosta case during his time on the witness
stand on Thursday.

Related Content
Story: Sophia Acosta's sister goes home with dad
Story: Sophia Acosta murder suspect attacked outside court
Story: Cheary pleads Not Guilty in Sophia Acosta murder
Story: Cheary could face death in baby Sophia's murder
Story: Exeter prays for Sophia
Story: Cheary to face murder; sexual assault charges
Story: Tension during Sophia Acosta's funeral service
Story: Funeral services for Sophia in Atwater and Winton
Story: Car wash held for Exeter 3-year-old
Story: A city in mourning comes together for Sophia

The three-year-old Acosta died in May 2010 after investigators say she
was sexually abused and beaten by her mother's boyfriend.
Action News had the only camera in the courtroom for a hearing that included some explicit details about the abuse.
Some of the testimony was extremely graphic.
The only person who took the stand was a doctor who specializes in child abuse cases.
He testified that on the day Sophia was taken to Children's Hospital
she was already brain dead, had multiple severe injuries, and that she
tested positive for marijuana.
Chris Cheary showed no emotion in
court Thursday as Dr. Philip Hyden described in graphic detail the
extent of Sophia Acosta's injuries.
"This child had several
bruises noted on the scalp... she had several external signs of trauma
on her back and her buttocks... abdominal injuries, a contusion to the
diaphragm," Hyden testified.
Dr. Hyden examined Sophia in May
2011, after paramedics responded to the Exeter apartment where she lived
with her mom, baby sister and Cheary.
Investigators say Cheary sexually assaulted the girl, and beat her to the point of unconsciousness.
Dr. Hyden backs up those allegations, but, says on the night he
examined Sophia her mother, Erika Smith, told a different story.
"Child fell down stairs 2 days ago, and fell onto toy shopping cart
today. Neither of those would have anything to do with these injuries,"
Hyden said.
Jaclyn Perez used to be Smith's friend, but now feels she should also be held responsible for Sophia's death.
"I feel that she needs to be arrested. I feel justice will not be served until her and Chris are both in jail," Perez said.
Perez was among a dozen of Sophia's supporters who filled the courtroom.
Sophia's uncle, Nick Williams, says listening to the testimony was unbearable.
"Oh, I mean, it's obviously horrible, to listen to such a mess. The guy's an animal," Williams said.
As for Cheary, his attorneys question whether some of the injuries may have been caused by CPR or constipation.
A few of his family members, including his parents, were in court, but left without saying a word.
Sophia's mother was not in court. The judge said if and when she testifies during this case she needs to get an attorney.
The case is due back in court on July 5.

http://abclocal.go.com/kfsn/story?section=news/local&id=8610450

Even her friends know she belongs in prison.

Why would a mother allow a man to abuse her baby?

Why would a mother allow a man to rape her baby?

Why would a mother lie for the abuser, rapist and murderer of her baby?

Please, please DA arrest this POS and put her in a cage.

I believe this newspaper account is incorrect. She died in May of 2011, not 2010.