A New Mexico judge cited the state's Children Youth and Families Department for repeatedly failing to protect the state’s children from violent domestic situations. Judge Stan Whitaker was stern with his words after imposing a life sentence on Zerrick Marquez, convicted of beating to death 4-year-old James Dunklee Cruz in 2019.
“We hear too much of CYFD going in and seeing folks and seeing children in situations where probably kids should be taken out, and we just don’t have that happening,” Whitaker said. ”As a result, we see way too many children needlessly being brutalized, abused, and ultimately killed.”
A KOAT report said the murder of Dunklee Cruz is part of a civil case against CYFD, alleging the agency covered up and deleted information, following multiple investigations into the boy's abuse. The child was never removed from his home.
Sara Crecca of The Crecca Law Firm filed the original civil suit against CYFD and just last week she filed a federal suit against the agency. “What we learned is that the violations far exceed the violations of state law,” Crecca said. “They are constitutional violations. They violated his due process rights in failing to take him in.”
Maralyn Beck with New Mexico Child First Network is hoping lawmakers take note of what Judge Whitaker said. “That judge sounded the alarm,” Beck said. “We should all listen.”
Politicians were also in agreement. “I'm glad that the judge stood up and supported this,” Republican state Sen. David Gallegos said. “That is going to go a long way to give us the credibility we need for people to understand that this is life and death.”
Gallegos said he will be pushing for the office of the ombudsman to oversee CYFD and analyze what needs fixing. “I think this might be the year that we get it done,” Gallegos said. “So, pray for us but keep us accountable. If we're not doing it, vote me out of office,”
KOAT reached out to CYFD, which sent the following statement.
“The staff at the Children, Youth and Families Department joins with the community in mourning the death of James, and it is important that the man who pleaded guilty to causing the child’s death in 2019 has been sentenced to prison. We are clear that it is the department’s responsibility to build a strong system of care that minimizes the risk of harm.’’
