ALBUQUERQUE (KRQE) - The Albuquerque man accused of throwing his 5-year-old stepson into a dresser and killing the boy because the child wet himself has officially been indicted for murder.
And new details show the boy's death may only be the end of a history of terrible abuse suffered at his the hands of hi stepdad, Richard Gutierrez.
Police said the boy had other injuries that show he was abused before he was killed and that the abuse was also sexual.
In early May the boy, Isaiah, had been home with his stepdad when police received a call from Gutierrez.
"My son fell off the bed and isn't breathing, I don't know if he hit his head or what," he told the the dispatcher after calling 911.
But detectives say that is not what happened.
They said Gutierrez later admitted he threw his son against a dresser at the home after he got mad because Isaiah wet his pants.
Gutierrez tried to describe the boy's injuries on that 911 call.
"He's gasping for air; he is not breathing," he said.
But in the end it was too late. Isaiah was brain dead and died a few days later.
Gutierrez is now is not only charged with child abuse, but also murder.
A new six-count indictment also alleges Gutierrez molested the boy sexually.
Medical examiners found injuries to Isaiah's genitals.
They do not know if those injuries were inflicted upon him the day he was thrown into the dresser, but police said the injuries are more consistent with abuse than sexual assault.
The penalty for the child abuse resulting in death and the murder charge are the same. Both could mean life in prison for Gutierrez.
Gutierrez is still behind bars on a no-bond hold.
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