A Riverside man facing a murder charge after he suffocated his 3-month-old daughter by wrapping her in a blanket to stop her crying has pleaded guilty to a reduced charge.
The Riverside County District Attorney’s Office added a charge of voluntary manslaughter and had charges of murder, assault on a child younger than age 8 causing death and willful child cruelty dismissed.
Kyle David Benitez, 24, pleaded on Wednesday, Feb. 27. He was immediately sentenced to 11 years in state prison by Superior Court Judge Gary Polk. About two years of credit for time served will be subtracted from that sentence.
Manslaughter can be charged when the killing is done in the heat of the moment or through reckless behavior, whereas murder involves intent and malice.
“As we stated on the record at the hearing, the cause of death in this case was unclear,” John Hall, a spokesman for the District Attorney’s Office, said on Friday. “That led us to dismiss the murder count and amend the charge to voluntary manslaughter.
“There was additional investigation that took place after the case was filed, as typically occurs in most cases,” he said. “After reviewing all the evidence, we reached a plea agreement with the defendant that we feel was appropriate based on all the available evidence and consistent with the interests of justice.”
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The girl’s death happened in December 2021. Riverside police responded to the Sycamore Highland neighborhood about a baby who was found not breathing in her crib, the Police Department said. Paramedics pronounced Evangeline Lee Benitez dead.
Detectives learned that Benitez may have “purposely” wrapped the baby in a heavy blanket and positioned her in a way to get her to stop crying, police said at the time.
Benitez was arrested on June 23, 2022, and charged five days later.
