Albert Lea man pleads guilty to murdering 2-year-old boy, injuring another

Published 4:17 pm Wednesday, September 18, 2024

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In what was emotional testimony, an Albert Lea man admitted Wednesday to punching, kicking and submerging a 2-year-old child in water in July 2023, leading to injuries that ultimately claimed his life.

As part of an agreement with the Minnesota Attorney General’s Office, Austin Michael Navarro, 26, pleaded guilty to one count of second-degree murder in the death of Ahziyas Dampha on July 6, 2023, at Trailside Apartments. He also pleaded guilty to one count of third-degree assault of a victim under 4 — for injuries caused to a 12-week-old baby.

Navarro, who cried as he answered questions about what took place, said he was left as the caretaker of the children that day by their mother, who he was in a relationship with at the time, and who had gone to work.

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Navarro said he punched and kicked the 2-year-old child multiple times with a closed fist in the stomach and the head intentionally, and that the boy’s injuries included rib fractures and lacerations to his liver and pancreas. He said he didn’t intend to cause his death but did intend to assault him.

He acknowledged that he was in a position of trust and that the child was particularly vulnerable because he couldn’t protect himself.

When his lawyer asked if he obtained help for the boy, Navarro said he did not.

“I could have,” he said through sobs.

His lawyer also asked him about water that was found in the boy’s lungs, and Navarro said he had submerged the child in the bathtub. He said he later attempted to conceal himself by locking himself in the room with a butter knife.

His statements were met with crying in the courtroom from many in attendance. At one point, one individual shouted a statement from the audience and walked out of the room, before later returning.

Navarro also stated he hit the 12-week-old in the stomach, leading to broken ribs, and also acknowledged he had caused the bruises on the infant’s arm and shoulder.

As part of the plea agreement, Navarro’s lawyer, Dominique Navarro, said his client agreed to 300 months — or 25 years — for the first count and 32 months for the second count, to be spent concurrently. He would receive credit for time served. In Minnesota a defendant typically spends two-thirds of his or her sentence in prison with the remainder on supervised release.

Austin Navarro also agreed to an upward departure from the sentencing guidelines after admitting to three different factors for an aggravated sentence: first, that he inflicted injuries while in a position of authority; second, that the child was particularly vulnerable and that he knew he was vulnerable; and third, that he treated the boy with particularly cruelty.

According to court documents, on the day of the incident Austin Navarro initially told the children’s mother that the 2-year-old had fallen down the stairs. After seeing pictures of the injuries, she left work, and when she attempted to walk into the house she had to force the door open because a knife had been wedged in the door.

She found Navarro upstairs locked behind a bedroom door with their 3-month-old baby in his arms and her 2-year-old child laying on the bed unresponsive.

When officers were dispatched to the apartments, an officer was informed that Navarro had left the scene.

An officer stopped him about nine blocks away with the 12-week-old baby.

Freeborn County District Court Judge Ross Leuning said he will accept the pleas at the sentencing hearing, which is slated for Dec. 11.