Manslaughter conviction stands for Calgary grandfather who fatally beat 5-year-old
Allan Perdomo Lopez, 60, will now appeal his 9-year sentence
Alberta's top court has upheld the conviction of a Calgary man whose months-long abuse of his young grandson ended with a fatal head injury.
Last year, Allan Perdomo Lopez, 60, was convicted of manslaughter in the death of Emilio Perdomo, 5, who suffered a catastrophic brain injury on July 9, 2015. Perdomo Lopez was sentenced to nine years in prison.
The Mexican boy was sent to live with his grandfather just months earlier by his mother, who believed he would have a better life in Canada.
Perdomo Lopez appealed his conviction, arguing the trial judge should have dismissed the case for several reasons, including that there was unreasonable delay in getting the matter to trial.
The appeal court panel found the defence was to blame for much of the delay.
"His inefficiencies further contributed to the delay and complexity of the case," reads the decision.
The trial judge heard evidence Emilio suffered months of physical abuse at the hands of Perdomo Lopez in 2015.
By the time he was taken to hospital, Emilio had bruises and scars all over his body in varying stages of healing.
The marks covered his feet, shins, knees, thighs, groin, stomach, chest, arms, face and head. A bruise in the shape of an adult-sized grip mark covered his small left upper arm.
The boy's back was marked with scars from being whipped with a belt.
After the child's death, Perdomo Lopez was caught on a police wiretap referring to Emilio as an "ungrateful demon" and saying "I didn't want to kill that child."
One trial witness who testified was a man who worked Sundays at a local flea market where the Perdomo Lopez family shopped. He told the judge he watched as the boy deteriorated until he was barely able to walk and had a bandage on his head.
Perdomo Lopez also plans to appeal his nine-year sentence, which will proceed now that the conviction appeal has been dealt with.