Jimenez guilty of killing toddler
Albert Jimenez Jr., 29, of Truckee, was convicted on Wednesday in Nevada County Superior Court on charges of second-degree murder, felony child abuse resulting in great bodily injury and assault on a child under eight causing death.
Jimenez was charged in the death of one-year-old Kylie Ann Kirbis-Fernhoff.
He was the boyfriend of the victim’s mother when Nevada County Sheriff’s Office deputies responded to a call from a Truckee apartment of a child choking on April 3, 2001.
When NCSO deputies arrived, Jimenez told them that Kirbis-Fernhoff was choking on a cracker and that he tried the Heimlich maneuver, but wasn’t sure if he performed it correctly.
Detectives later determined the injuries were not consistent with information he provided, and Jimenez was arrested and charged shortly after the child passed away at Washoe Medical Center after being taken off life support on April 4, 2001.
After Wednesday’s verdict, Deputy District Attorney Fred Holmes said he hoped the conviction would provide some respite to the family and law enforcement officials who, for over a year, have dealt with what turned out to be a horrific case of child abuse.
“A lot of people in law enforcement in Truckee have been living with this case for over a year, and we are as happy as the family is that the verdict came in the way it did,” Holmes said.
Holmes said that even child abuse medical experts who testified during the trail were surprised at the extent of the abuse.
“Two medical experts that testified said that it was the worst case of child abuse they had ever seen, and one of them had been in the field for over 20 years,” he said.
Assistant District Attorney Ron Wolfson, who argued the case with Holmes, said Jimenez faces 50 years to life.
Defense Attorney John Kennelly represented Jimenez.
Sentencing is set for June 10 by Superior Court Judge Ersel Edwards.
The trail opened on April 25 in Nevada City, with closing arguments last Thursday.
Last August, forensic pathologist Dr. Ellen Clark testified at a preliminary hearing that Kirbis-Fernoff died of physical child abuse that, in her opinion, constituted torture.
Clark performed Kirbis-Fernoff’s autopsy and said it reveled extensive internal and external injuries, including bruises and burns on the skin, severe internal bleeding in the stomach, liver injuries and at least five cracked ribs.
Clark said the abuse had occurred over a period of “at least 10 days, maybe weeks, or even months.”
Jimenez served over two years in prison on a prior conviction of felony child abuse in Sacramento County in 1994.