Lakewood man convicted in infant daughter’s holiday death

Marcus Leyba

JEFFERSON COUNTY – Pandemonium broke out in a Jefferson County courtroom Tuesday when family members of a Lakewood man convicted of killing his infant daughter began shouting and threatening jurors, the judge and others present when the verdict was announced.

The judge quickly had the jury escorted from the courtroom while Sheriff’s deputies tried to control the angry crowd, who were incensed after Marcus Anthony Leyba, 25,was found guilty of causing the death of his infant daughter on Thanksgiving Day 2009.  The jury deliberated about 10 hours before finding Leyba guilty of felony first degree murder of a child under the age of 12 by a person in a position of trust as well as felony child abuse resulting in death, a class two felony.

Leyba was arrested Nov. 26, 2009 after Lakewood police and emergency personnel responded to a report that an infant had been seriously injured in the basement of a home at 194 S. Quay Street. Paramedics and police found 9-week-old Lilian Leyba unresponsive and cold to the touch. One paramedic later said the back of the infant’s head felt like “mush”.

The child was taken to St. Anthony’s Central Hospital where she was pronounced dead.

Witnesses said Leyba’s extended family gathered at the home earlier in the day to celebrate Thanksgiving, but the celebration ended in arguing and fighting later that evening as the guests were preparing to leave the home owned by Leyba’s grandparents. Leyba, Lillian and her mother, Jenifer Chavez, were staying in the basement of the home.

Leyba and many of the others had been drinking during the day and into the evening, according to prosecutors.

As the arguing escalated into fighting, Chavez left the house, taking a 2-year-old child with her. But Leyba remained behind with Lilian, holding her while he continued fighting and arguing with family members, investigators said. Leyba reportedly attacked his own mother before others in the house restrained him, but he handed Lilian to his stepsister and resumed the attack.

Leyba, described as angry and drunk, later took Lilian downstairs to the family’s basement bedroom and, when concerned family members went down to check on the infant, they found Leyba passed out on a bed with Lilian severely injured and limp- beside him.

When police arrived, they had a hard time waking Leyba due to his extreme level of intoxication, according to evidence presented at trial. Hours after his arrest, Leyba’s Blood Alcohol Content was .260, more than three times the legal limit.

During the two-week trial, doctors testified that Lilian had three major skull fractures, one of them from ear to ear, about 7 inches long. Testimony also indicated the infant suffered severe brain injury and bleeding and had bruises behind her ear and at the back of her neck.

Experts Doctors testified that such severe injuries would have required the type of force resulting from a 10-story fall.

Dr. Ben Galloway, the forensic pathologist who conducted Lilian’s autopsy on Lilian, told jurors the skull injuries were the worst he has seen in his 40-year career.

Leyba’s sentencing is scheduled for Dec. 17.  He faces a maximum of life in prison without the possibility of parole.