Warsaw Man Found Guilty Of Child Neglect

A Warsaw man was found guilty of child neglect after an infant suffered several fractures while in his care.
Brandon Rodrigo Juarez Resendiz, 26, of 201 S. Detroit St., Warsaw, was found guilty of neglect of a dependent resulting in serious bodily injury, a level 3 felony.
Sentencing was scheduled for 1 p.m. Monday, April 13.
Following the verdict, Juarez Resendiz was remanded to the custody of the Kosciusko County sheriff.
Juarez Resendiz Testifies
Deputy Prosecuting Attorney Andrew Grossnickle rested the state's case shortly after trial began on Thursday, March 19. Following this, outside of the jury's presence, defense attorney Travis McConnell made a motion for a directed verdict. Kosciusko Superior Court I Judge Karin McGrath denied the motion.
For the defense's case, Juarez Resendiz testified and was the sole witness presented by McConnell. In his testimony, Juarez Resendiz said he lived with Katlin Alexander and two children, including the victim.
He described the child as "calm, content, and easy to take care of." When asked about bugs in the apartment complex where they resided, Juarez Resendiz said chemicals were used to help alleviate the building's bug issues. Juarez Resendiz recalled his arm getting bit by a spider while he lived there.
On Oct. 22, 2024, the date when the child's injuries allegedly occurred, Juarez Resendiz said he was sleeping in a living room while the child was present in a bassinet. He told the jury Alexander was sleeping separately in a bedroom since she had to work. Juarez Resendiz said he woke up around 5 a.m. and noticed the child was not with him, finding them in Alexander's care. He took the child back and soothed them to sleep so Alexander could rest.
Juarez Resendiz also noted there were no significant routine changes on that date. While Alexander was at work, Juarez Resendiz was changing the child's outfit when he noticed one of their arms was red and swollen. He said he was "very concerned" about the child's condition and had seen similar swelling on his arm when he was bitten.
After completing an internet search to see if he could determine a reason for the swelling, Juarez Resendiz told the jury he contacted Alexander and said the child should be taken to the emergency room. He said Alexander came home and took the child to Lutheran Kosciusko Hospital.
When Juarez Resendiz arrived at LKH, he said he didn't get the chance to see Alexander or the child because police immediately asked him for an interview.
McConnell asked Juarez Resendiz what his thoughts were about the child's rib fractures.
"I was simply shocked ... that (the child) was hurt in that manner," said Juarez Resendiz. "I wanted (them) to get medical attention and felt like I failed (them) by not being there for (them)."
In cross-examination, Grossnickle asked Juarez Resendiz if there had been any other adult caregivers for the child aside from him and Alexander. Juarez Resendiz said there were not, as the child was not in daycare or babysat. He also testified that he was alone with the child for about three hours on Oct. 22, 2024, and that they have been fine since the child was removed from his care.
Closing Arguments
In his closing argument to the jury, Grossnickle focused on the numerous fractures the child suffered.
"A 6-week-old infant doesn't break 24 bones on their own," said Grossnickle. "It was not a bug bite ... there were rib fractures, a broken arm ... That isn't an accident and isn't reasonable care. There's no reasonable explanation for what happened ... just a story that doesn't match the injuries."
Grossnickle said the state only had to prove Juarez Resendiz was in a position of care for the child at the time and that he failed to provide that adequately, resulting in injuries.
"Twenty-four broken bones in an infant, that is serious bodily injury, no question about that," said Grossnickle. "This child was placed in danger, and the evidence proves that beyond a reasonable doubt."
McConnell reiterated this was "a case about jumping to conclusions."
"The question before you is if the state proved beyond a reasonable doubt Brandon placed the child in a dangerous situation," said McConnell. "There is no room for suspicion or speculation."
He noted Dr. Leah Garvin, one of the state's witnesses, framed the child's injuries as non-accidental trauma before she even saw the child in-person. McConnell also told the jury that law enforcement looks for contradictory statements from witnesses, saying Juarez Resendiz's story stayed the same while Alexander's statements changed.
"When he was by himself (in the interrogation room at Warsaw Police Department), you heard him ask himself, 'How could I not have known?'" said McConnell. "He was trying to make sense of what happened."
McConnell also noted changes to the number and location of fractures the child had.
"That is not certainty, that's interpretation," said McConnell. "(Brandon) not knowing is not a crime. Not having an explanation is not proof of abuse or neglect. What we have here is a constellation of reasonable doubt."
In his final argument to the jury, Grossnickle said there were no prior injuries or medical issues the child had prior to Oct. 22, 2024.