East Haven Father Gets 15 Years, Suspended After Serving 5, In His Infant Son's 2024 Bathtub Drowning Death

EAST HAVEN, CT—Just three days before what would have been little Angel Josiah's second birthday—he was born on Valentine's Day in 2024—his father, Angel Marcus Rodriguez, 30, was sentenced to 15 years in prison for his role in his son's bathtub drowning death. But he'll only serve 5 years, 10 years will be suspended, a judge ruled Wednesday.

Infant Angel Josiah Rodriguez was found unresponsive in a bathtub in an East Haven home on Oct. 6, 2024. That night, his mother, Elizabeth Portocarrero, was driving from her job in Stamford to East Haven to pick up her children, Angel, seven months old, and his 3-year-old toddler brother. They were in the care of their father, then-29-year-old Angel Marcus Rodriguez.

The baby and his brother lived with their mother in Ansonia. Their father was sometimes responsible for their care while Portocarrero was at work. On Oct. 6, he and the children were in a family member's East Haven home.

On the way, Portocarrero got a phone call that she told Patch "terrified" her.

At around 9 p.m., firefighters and police were called to the Redfield Avenue address for a pediatric emergency call. When they got there, first responders found the infant Angel "unresponsive after being left unattended in a bathtub," police said.

Despite heroic efforts to save the baby's life by the East Haven firefighters/medics, ambulance paramedics, and Yale New Haven Hospital staff, the infant died.

East Haven Police's Investigative Services Division Detective Monique Colbert oversaw the case. A many-month-long investigation found Rodriguez left his two sons unattended in a bathtub.

"When the child was discovered unresponsive in the bathtub by another family member, Rodriguez was found in a bedroom down the hall talking on his phone," East Haven police spokesperson Capt. Joseph M. Murgo said at the time. "Rodriguez advised investigators that he left the bathroom briefly while Angel was reclined in an infant bathing chair, with the faucet on a 'trickle.' Family members on scene performed CPR on the child until East Haven Fire Department medics arrived and took over life-saving measures."

On Dec. 3, 2024, the state Office of the Chief Medical Examiner officially determined Angel’s cause of death to be a drowning.

Colbert, who Murgo said then "worked tirelessly with the States Attorney’s office," submitted an arrest warrant affidavit seeking Rodriguez’s arrest. He was arrested and charged six months after the baby's death.

Read that full story here.

Just three days after Angel Josiah's tragic death, Patch spoke at length with the grief-stricken child's mother, Elizabeth Portocarrero.

"He left both my children unattended," Portocarrero told Patch at the time. “I don’t know for how long, but his negligence and irresponsibility are the reasons my son is not here now. I want justice for my son.”

Read her full story here.

That night, Portocarrero was on her way to East Haven from her Stamford job when she got a call from the Angel’s aunt. She raced to the hospital.

"They brought me into the room. They were working on trying to resuscitate him. It felt like an eternity. Then, this guy is kneeling in front of me, and he says, ‘We have to call it. Time of death is 9:56 p.m,'" she told a reporter, then her voice quaking, her sobbing uncontrollable.

"I don’t understand how he left them alone. I would never leave them alone," she said just three days after her son died. "Never."

As she said then, despite the deep grief she was suffering, she did not wish to display around her then-three-year-old son. He was a witness.

A GoFundMe was created to help Portocarrero. The appeal is still active.

A heartbreaking case, a terrible night

"This case is a heartbreaking reminder of how fragile life is, especially when it comes to our children," Murgo said Wednesday after Rodriguez's sentence was handed down.

".While no outcome can change what happened, we hope today brings a sense of closure for Angel’s family," the police captain said. "Our thoughts remain with everyone affected by this tragic loss."

East Haven Fire Department Chief Matthew Marcarelli recalled the night, a "terrible" night.

"The actions taken by our crews that night demonstrate exactly why we train so hard. From rapid response to advanced lifesaving care, every member on scene gave everything they had in an effort to save this baby," he shared. "While the outcome is heartbreaking for responders and especially the family, the department's commitment, teamwork, and professionalism truly represent the very best of the fire service. It unfortunately serves as a lesson that despite the best tools, training, and personnel, sometimes we can’t undo what’s already been done."