Lawyer: Cops Failed To Enforce Court Order Night Before Toddler Died
MAMARONECK, N.Y. (CBSNewYork) -- A toddler is dead in Westchester County and there are many questions about the actions of police.
Three days ago, a judge ordered the girl's mother to surrender the child, but when police went to the home she refused.
The police left, and the very next day Gabriella Maria Boyd was dead at the age of 2-and-a-half.
"I would say he's falling apart at the seams," said lawyer Martin Rosen, describing client Stephen Boyd, Gabriella's father.
The death raises many questions for the Village of Mamaroneck police, questions the department refuses to answer.
Gabriella stayed at her grandmother's home on Chestnut Avenue with her mother, Cynthia Arce, who was described by sources as "troubled."
On Friday, Rosen got an order from a judge granting Stephen Boyd temporary physical custody of Gabriella. The lawyer said Boyd brought it to police and went with them to see the mother at the home on Friday evening.
"When the police requested the child be given to them, she refused and shut the door," Rosen said. "Despite my efforts, they took the position they could not enter the house."
Rosen said for the sake of the child, he implored police and the district attorney's office to enforce the judge's order.
"Who was I to call, the Marines? The army? The navy?" Rosen said. "Why not the local police?"
On Saturday, police returned to the home after a 911 call about an injured child.
Police found 28-year-old Arce inside the home and ordered her to show her hands.
"The female then attacked the officers with a knife, injuring two of them," Mamaroneck Police Sgt. Sandra DiRuzza said. "Tasers were deployed, which failed to stop the female. The female was then shot by one of the officers."
The mother and toddler were taken to the hospital, where Gabriella later died.
Dispatch audio includes a mention of the failed effort to serve the "TOP" -- the temporary order of protection.
"Be advised, I had an incident with a TOP last night at that location, regarding the party," the dispatcher says.
Late Monday, Mamaroneck police took the unusual step of cutting off contact with reporters and referring all questions to Village Attorney Robert Spolzino, who refused to answer any, citing the ongoing investigation.
The lawyer for the grieving father said someone failed little Gabrielle, and must be held accountable.
