December 8, 2005

Tragic train accident sparks debate over childcare issues

County’s district attorney says prosecution
of crimes against innocent a priority

By Sheila Sanchez
Staff Writer

The pain is almost palpable on this cold and dark section of Monterey Road.

Just under the overpass bridge at Blossom Hill Road, one encounters the makeshift memorial for Alexander Arriaga, the small toddler killed the morning of Nov. 21 when he was struck by a southbound Amtrak train. He was buried Nov. 28 in Fresno with the help of the San Jose Police Officers’ Association who paid for the funeral expenses with contributions from the public.

The train tracks can be seen behind the makeshift memorial in honor of Alexander Arriaga, the 2-year-old boy killed by an Amtrak train on Nov. 21 while in the care of his babysitter at the intersection of Monterey Highway and Blossom Hill Road. Photo by Sheila Sanchez

Built around a wooden cross and just a few feet away from the fatal accident, it contains things a little boy would love. Tiny toy cars, balloons, a plate with cookies, teddy bears and stuffed animals. The condolence notes are left for the adults. They read, “Precious little angel, we did not know you, but we love you,” and “Rest in peace little one, you are in the arms of the angels.”

Thoughtful and big-hearted mourners have come to pay their respects to the 2-year-old whose life was tragically cut short when prosecutors say his babysitter that day, 20-year-old Katrina Marie Hatton, willfully put his life in danger when she left him alone with his 4-year-old brother, Elijah Arriaga, near the tracks to retrieve her 3-month-old daughter in a stroller left unattended on the other side. Ironically, Hatton wasn’t supposed to be watching the children that day, but the family friend responsible for their care had asked Hatton to fill in for her.

San Jose Police spokeswoman Gina Tepoorten said this week the department had responded to accidents involving pedestrians and trains before but not one involving such a young child. “It was a very difficult call for law enforcement and emergency personnel to go to because it involved such a small child,” Tepoorten said.

The officer’s thoughts were with the boy’s parents, Nicole Wilson and Barney Arriaga, who are now grieving the loss of their younger son and dealing with the trauma faced by his brother, who witnessed the tragic accident.

Babysitter arrested on child endangerment charge
Hatton was arrested Nov. 22 and remains in custody at the Santa Clara County Jail in downtown San Jose. She’s being held on $100,000 bail.

The case has sparked dialogue among the community on the important role and responsibility of caregivers, particularly those who watch over children, the elderly and disabled. It has also created debate about whether persons from poorer sections of town are prosecuted more strictly than those from affluent parts for crimes committed against the innocent, a charge Santa Clara County prosecutors deny.

“Obviously parents need to make sure they know the people who are taking care of their children,” Tepoorten said. “To take three children across a railroad track is just not safe, especially three small children.”

Tepoorten said investigators believe Hatton was trying to walk to the McDonald’s restaurant on Monterey Road, but are stupefied by why she would choose to travel such a dangerous path.

Santa Clara County Deputy District Attorney Dan Nishigaya said Hatton was charged with one felony count of child endangerment and a so-called enhancement for causing the death of a child after San Jose Police homicide investigators conducted a careful review of the accident.

“We’re looking at the actions of the caregiver. We determine whether we believe the circumstances surrounding the event amount to criminal negligence which in a nutshell means that the actions of the caregiver were such a breach of the duty of care than we would expect from a responsible and prudent person that it was contrary to proper regard for human life and that it also led to the death of the child,” Nishigaya said.

If she’s convicted, she could serve a maximum of 10 years in prison. Nishigaya said the courts, however, would decide what Hatton’s ultimate sentence would be, if convicted. “That doesn’t mean that anybody thinks she should serve prison time … The court may decide she need not spend any additional time in custody and could even order her to do community service or be on probation,” he said.

Hatton was arraigned Nov. 28, the same day of the boy’s funeral, with one count of felony child endangerment. Her next court appearance is scheduled for Dec. 20 when she’s expected to enter a plea.

Nishigaya wouldn’t comment on a similar tragic case in wealthy Woodside where a 34-year-old mother lost track of her 1-year-old son, Zane Harris, who drowned in a sunken patio fountain at his great-grandmother’s house, and wasn’t charged with a crime. Nishigaya said the Santa Clara County District Attorney’s Office has a consistent approach to prosecuting all county cases and takes them seriously recognizing they’re complexity.

“We think long and hard before we make our charges. We’re not treating this case differently than we treat any child death cases that occur in the county,” he said. “Every time a child dies in somebody’s care is a unique set of facts and circumstances … you have to look at them with all of the facts.”

Nishigaya regretted some media reports, which he said sometimes don’t require the same level of analysis demanded of prosecutors and that sometimes render opinions without a complete knowledge of the facts and without expertise in legal principles. “We do our best within the law to uphold what we believe our community expects to be the standard of care and we think our community puts a high priority on child safety,” he said.

He offered no comments when asked what he thought of Hatton supporters who are trying to raise money to bail her out of jail. Friends of the young woman feel sorry for the parents who lost the boy but also suffer for Hatton, whom they characterize as a distressed person who made a mistake and should not be considered a criminal.

Almaden resident Joanne Segovia, a spokeswoman for the San Jose Police Officers’ Association, said the public has donated nearly $5,000 in charitable contributions in the name of Alexander Arriaga. The San Jose Police Officers’ Association’s Charitable Foundation originally matched a $1,500 check to pay for the boy’s funeral expenses. The association has been giving the funds to the San Jose Police detectives handling the case, who are giving the money to the boy’s parents. The initial $3,000 check was followed by a $1,400 check, Segovia said. The foundation is still accepting donations. “It’s been an overwhelming response,” Segovia said. “The community has really reached out to this family in its time of need.”

The public can continue sending donations in the name of Alexander Arriaga to the SJPOA’s Charitable Foundation, 1151 N. Fourth St., San Jose, Calif. 95112.