Toribio could face life in son's death

ALBUQUERQUE (KRQE) - Tiffany Toribio has a range of charges from murder to tampering with evidence and will face life in prison if convicted of first degree murder of suffocating her three year old son Ty then burying him in the sand at Alvarado Park.

Bernalillo District attorney Kari Brandenburg tried to set the record straight following the death of Ty Toribio as many people feel this case deserves the death penalty because of its heinous nature.

Brandenburg says the public perceives that the death penalty is appropriate in unusually heinous crimes but the law allows the death penalty only in limited circumstances such as the killing of a police officer, rape or kidnapping with intent to kill. "There are no circumstances that we are aware of that would qualify this case for the death penalty."

The state legislature has repealed the death penalty, but that won't go into effect until July.

Leading up to the murder Tiffany and her son had been kicked out of two different homes, first her mother's and then a friend's apartment.

That friend reportedly told police he saw Tiffany deprive Ty of food and his basic needs and the D.A. says they are looking into it whether friends or family could face charges for not reporting abuse.

When asked if she believes there needs to be harsher laws for those who don't report abuse, Brandenburg said it's a very grey area and she can't comment.