NEW YORK – A man charged with second-degree murder in the death of his baby in 2019 is now a fugitive with her husband after they both missed scheduled court dates in Albany.
Court documents show that a judge ordered arrest warrants for Anthony Ojeda, 40, and her husband, Neil Garzón, 32, when they both failed to show up for court-ordered hearings, it reported. el Times Union.
Ojeda was charged with murder in December 2019 following the death of his son Eli Harmon-Ojeda.
The baby was under the supervision of child protective services because the child’s mother was unable to care for him and the baby tested positive for drugs at birth.
Ojeda was a stay-at-home father who Garzón financially supported and obtained custody of Eli. Authorities say that changed when Odeja did not seek medical help after her son ingested methamphetamine.
In 2020, Ojeda pleaded guilty to second-degree murder in exchange for a lighter sentence. In the following months, Garzón admitted that Odeja did not poison his son, but that it was he who did it.
The judge overturned Ojeda’s guilty plea. However, a grand jury indictment raised Ojeda’s charges from second-degree manslaughter to second-degree murder. Garzón was charged with endangering the welfare of a child, the newspaper said.
The judge allowed Ojeda to remain free under county probation supervision with electronic monitoring and a daily curfew.
A message was left at the Albany County Public Defender’s Office, representing both men.
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