San Jose Teen Charged With Death, Sexual Assault Of 2-Year-Old Foster Brother

SAN JOSE, CA — A San Jose teen is charged with sexually assaulting and killing his 2-year-old foster brother earlier this month, the Santa Clara County District Attorney's Office said Monday.

The suspect was 17 at the time of the toddler's abuse and sexually assaulted the child, named Jaxon, several times, authorities said. The child was hospitalized in critical condition and died from his injuries on April 9. A full autopsy is pending, prosecutors said. "Evidence showed that the child, who is also the cousin of the suspect, had been repeatedly assaulted, sexually and physically, since he was placed in the foster family home in February," the District Attorney's Office said Monday in a news release.

Although the suspect was charged in juvenile court, the district attorney's office is seeking to transfer the case to adult court.

In addition to homicide, prosecutors also charged the suspect with nine new felony charges, including child assault causing death and assault with a hair tie. Multiple counts of sexual assault -- including forced sodomy -- have already been filed against the suspect. Authorities first responded on April 5 to a home in the 300 block of Otono Court in South San Jose, where the bruised and battered toddler was found unresponsive in his crib. Medical personnel gave the child life-saving measures and he was transported to a hospital in critical condition. At the hospital, staff there found the toddler had several suspicious traumatic injuries and he was placed on life support, according to a news release from San Jose police.

Detectives discovered evidence to suggest the suspect had abused the victim. The suspect was arrested on April 8 and booked into Santa Clara County Juvenile Hall for crimes related to sexual assault and child abuse.

The toddler died from his injures on April 9 and detectives began investigating the case as a homicide, police said.

If tried in juvenile court, he could face seven years in Secure Track, a locked facility for juveniles who have been adjudicated of serious crimes. If the case is sent to adult court by a judge, he could face many years in prison, prosecutors said.

"Today, we sadly add the name of Baby Jaxon alongside Baby Phoenix and others on a list of children whose short lives have been snuffed out through cruelty and recklessness," District Attorney Jeff Rosen said. "We are left with broken hearts and serious questions about who was watching out for the safety of these extremely vulnerable children."

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