LOS ANGELES (TCN) — A 36-year-old mother, sentenced along with her boyfriend to life in prison in 2023 for torturing and killing her 10-year-old son, is seeking a new sentence.
Heather Maxine Barron’s sentencing was announced on April 25, 2023. Barron pleaded guilty the previous month to first-degree murder, torture, and child abuse during a bench trial. Her boyfriend, Kareem Leiva, was sentenced the same day; both received a life sentence without the possibility of parole.
According to prosecutors, Barron’s son, Anthony Avalos, was tortured for five days before his death in June 2018. The district attorney’s office said Barron and Leiva poured hot sauce on Avalos’ face and mouth, whipped him, held him upside down and dropped him onto his head, withheld food, refused to let him go to the bathroom, and had other children help them inflict pain.
Avalos could no longer walk or eat on his own, and his mother left him unconscious on his bedroom floor without seeking medical help. He had reportedly come out as gay in the weeks leading up to his death, leading investigators to look into homophobia as a possible motivating factor.
School staff, a counselor, family members, and others had called child protective services at least 16 times since 2013 to report abuse. Family members filed a $50 million wrongful death suit against the Los Angeles County Department of Children and Family Services, stating that employees were not properly trained and turned a blind eye to Avalos’ abuse.
The Antelope Valley Press reports that Barron has filed paperwork in court seeking resentencing. In her petition, she alleges she was a victim of Leiva. The petition reads that because there was no police report, “substantial evidence and a diagnosis of Battered Woman’s Syndrome” were not allowed.
In addition, the filing states, “An evidentiary hearing and evaluation for BWS will show the defendant lacked capacity to form requisite intent for a murder conviction of life without the possibility of parole (LWOP) and that resentencing allowing a possibility of parole is warranted as these findings without the admission of the BWS evidence allowed the jury to (wrongfully) impute malice without all the evidence available. … The petitioner is requesting mercy. She does not feel that she should be punished. She is requesting resentencing from life without possibility of parole.”
A hearing regarding the petition is scheduled for July 30.
Prosecutor Jonathan Hatami said both Barron and Leiva are responsible for the child’s torture and murder. The Antelope Valley Press reports he said, “Neither qualifies legally for resentencing … because each defendant individually was responsible for murdering and torturing little Anthony Avalos. We will respectfully go through the court process and continue to fight for justice for Anthony.”
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