Former cop faces child abuse trial

A former Suisun City police officer accused of child abuse will stand trial, a Colusa judge has ruled.

Engelberto Rubio Jr., 32, is charged with inflicting corporal injury against his 7-yearold son, a felony, and a misdemeanor charge of child endangerment.

Rubio resigned from the department for personal reasons Nov. 12 after less than three months on the job, according to Cmdr. Tim Mattos of the Suisun City Police Department.

Rubio's wife, 25-yearold Ashley Nicole Rubio, is also charged misdemeanor child endangerment.

She is set to appear in court again Dec. 10 for a pretrial conference.

Both defendants, who live in College City, have pleaded not guilty to all charges.

Engelberto Rubio appeared in Colusa County Superior Court on Wednesday for a short preliminary hearing.

Cindy DeWoody, an investigator with the Colusa County district attorney's office, was the only witness at Wednesday's hearing.

The district attorney's office conducted the investigation because the child's biological mother, Naborino Rubio, is employed by the Colusa County Sheriff's Office.

The sheriff's office requested the district attorney's involvement, DeWoody said, "Because they wanted to make it a clean investigation."

DeWoody said the sheriff's office provided her with photographs they had taken of multiple bruises on legs and buttocks of the alleged victim.

The child told investigators that his father became upset with him when he refused to take several items inside their house.

He told investigators that his father punished him by spanking him with a belt, DeWoody testified.

DeWoody said the alleged injuries were discovered by the child's maternal grandmother on Sept. 16 after the boy returned from a weekend at his father's home.

"(The child's grandmother) said he complained of pain," DeWoody said.

Defense attorney Laura Petty questioned DeWoody at length about the child's ability to determine the truth from a lie. DeWoody testified that the boy could tell the difference.

However Petty asked why the investigator did not "follow up" on what she said were inconsistencies in the child's statements.

Petty said the child first told investigators that he was hurt Sept. 16, then later said he was not abused on that date.

"It's totally inconsistent and you didn't get that cleared up?" Petty questioned.

"Children often can't be pinned down on exact time and locations," DeWoody replied.

Judge John H. Tiernan denied a defense motion to dismiss the misdemeanor charge against Rubio and to have the felony charge reduced to a misdemeanor. Tiernan said he might reconsider the motions once more evidence has been introduced.

Petty argued that prosecutors failed to produce enough evidence to support the claim that the child's punishment was unreasonable.

"It is not a crime to use corporal punishment," Petty said.

Tiernan said there was enough evidence to proceed with a trial and set an arraignment for Dec. 3.

Contact Rob Parsons at 458-2121 or rparsons@tcnpress.com.