Verdict pending in child's death

A Kane County judge is deciding whether a Carpentersville man is guilty of first-degree murder or involuntary manslaughter in the early 2006 death of a toddler he was babysitting.

Judge Timothy Sheldon is expected to issue a verdict May 9 in the trial that began Monday for Andres Velazquez, who is accused in the slaying of 2-year-old Ernest LaFleur Jr., also of Carpentersville.

Velazquez, 29, is charged with fatally injuring Ernest, his girlfriend's son, who suffered a fractured skull, a broken collarbone and other injuries Dec. 30, 2005, in Velazquez's apartment in the 100 block of Woodlawn Court.

Velazquez said he had been roughhousing while he babysat Ernest and his sister, and although he's acknowledged tossing the child across a room, he maintains he didn't intend to kill the toddler.

His attorney, David Kliment, the county's public defender, in closing arguments Tuesday asked Sheldon to find Velazquez guilty of the lesser involuntary manslaughter offense, if there is a conviction.

Kliment Tuesday called no witnesses, including Velazquez, for his defense.

Prosecutors, noted the nature of Ernest's injuries, and have asked for a first-degree murder conviction, which could send Velazquez to prison for life, said Christine Bayer, an assistant state's attorney.

Ernest was barely breathing and unresponsive when he was taken to Sherman Hospital in Elgin and transferred a few hours later to Children's Memorial Hospital in Chicago. The toddler died Jan. 6, 2006.

Velazquez has been jailed on $2 million bond since Ernest died and until last week, faced the death penalty in the child's death.