Roy Aguilera

 

 

 

 

 

 

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Remembering Roy

Roy Aguilera was only 18 months old. He was born February 21, 2000, at Parkland Memorial Hospital in Dallas, Texas. He had an older sister, and his life should have been filled with the ordinary discoveries of toddlerhood learning, playing, exploring and growing. Instead, much of what survives publicly about Roy's short life comes from court records describing the abuse he endured. Those records are important. They tell the truth about what happened to Roy and about the opportunities that existed to protect him. But the injuries documented in a courtroom were not Roy's identity. His name was Roy Aguilera. He was a little boy, and his life mattered.

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Roy's Story

Roy suffered prolonged and severe physical abuse before his death. According to the evidence later described by the Texas Court of Appeals, prosecutors presented evidence of a continuing pattern of abuse against Roy between February 2000 and August 2001. It included striking and scratching his body, face and head; pulling and twisting his arms and legs hard enough to cause fractures and severe bruising; burning parts of his body with a clothes iron, biting him, pulling his hair, and striking him with a broomstick and other objects. In a statement to investigators, Roy's mother, Yesenia Hernandez, admitted causing numerous injuries to her son. She admitted biting Roy's fingernail and arm, burning his back with a hot iron, allowing him to touch a hot pan, scratching his neck, squeezing his ears, pulling his hair and striking his forehead with a broomstick. She also described an earlier incident in which she yanked Roy by his arm and heard it “pop,” after which he would not raise the injured arm. Hernandez told investigators something particularly devastating: after Roy had previously been removed and subsequently returned to her care, she said she no longer loved him the same way. She acknowledged that she began treating him badly and hurting him. On August 30, 2001, Roy lost consciousness while in the care of Jose Guadalupe Aguilera, Hernandez's boyfriend. Police were called for help. Roy was hospitalized with catastrophic injuries. Contemporary reporting described broken legs, facial bruising and burns to his back. A CPS caseworker reportedly described his injuries as the worst she had encountered during five years on the job. Roy died at Children's Medical Center in Dallas.

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The Warning Signs

Roy's death is especially difficult because authorities knew he was at risk before he died. Child Protective Services became involved with the family within days of Roy's birth. Roy was eventually removed from his mother's home by CPS. But he did not remain away from the danger. After a legal proceeding, Roy was returned to his mother's care by a jury. The abuse continued. According to the evidence later introduced in court, Roy suffered repeated injuries during the period leading up to his death. His mother's own statement described abusing him after he had been returned to her. This means Roy's story isn't only about recognizing abuse after a child dies. It is also about what happens when a child who has already been identified as being at risk is returned to an unsafe environment. Roy had already come to the attention of the system designed to protect him. He had already been removed. And ultimately, he was returned.

Roy did not get another chance.

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Justice for Roy

Yesenia Hernandez was prosecuted for the death of her son.

A Texas jury found her guilty of capital murder. Because prosecutors did not seek the death penalty, the court imposed the mandatory sentence of life imprisonment.

Hernandez appealed her conviction, challenging several aspects of the case, including the admission of her statements and the sufficiency of the evidence.

On August 29, 2003 two years after Roy's death the Texas Court of Appeals affirmed her capital murder conviction and life sentence.

Relationship to Roy: Mother

Conviction: Capital murder

Sentence: Life imprisonment

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Forever Remembered

Roy Aguilera was more than the injuries documented on his body. He was more than photographs shown to a jury. He was more than evidence in a murder trial. Roy was a little boy who smiled. A baby who had once been somewhere he was remembered as happy and well behaved. A child who depended entirely on the adults around him to protect him. He deserved the chance to grow up. He deserved birthdays, first days of school, scraped knees, laughter, friendships and an entire lifetime of ordinary moments that were taken from him. Roy could not choose the home he was returned to. He could not protect himself. And he could not tell the world what was happening to him. But his story can still be told. His name was Roy Aguilera. Abuse Angels remembers Roy, tells the truth about what happened to him, and remembers the little boy behind the court records.​​​