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Three witnesses testified during the second day of a jury trial for a Warsaw man accused of injuring a young child, resulting in the child suffering several fractures.
Brandon Rodrigo Juarez Resendiz, 26, 201 S. Detroit St., Warsaw, is charged with neglect of a dependent resulting in serious bodily injury, a level 3 felony.
Deputy Prosecuting Attorney Andrew Grossnickle continued the state's case on Wednesday by calling Dr. Leah Garvin for testimony. Garvin works at Riley Children's Hospital in Indianapolis.
In her testimony, Garvin said several physicians treated the child and wrote reports, with Garvin herself personally examining the child on two occasions. This included Oct. 22, 2024, when the injuries were first noticed; and a follow-up visit on Nov. 5, 2024. Garvin also said she utilized the other physicians' reports when conducting her own exams.
Grossnickle asked Garvin about infants' bones. Garvin said the ends of infants' bones are cartilage and are more flexible than bone, noting breaks are much rarer and fractures heal quicker than they do in adults. She also testified in cases she investigates, there's not always signs of abuse or neglect, with causes sometimes being medical conditions or an accident.
During the child's treatment at Lutheran Kosciusko Hospital and Riley's, skeletal surveys and a head CT were completed. In those surveys, physicians noticed a spiral fracture to the child's upper right humerus, with Garvin stating that fracture is typically applied with some type of force such as a twist. She said this could be from a direct pull, hit, or bend with rotation.
Multiple ribs and a piece of bone on the child's scapula were also fractured. Bruises on the child's left cheek and right jaw were also noticed, with photos of the bruises and X-rays of the child's fractures presented as evidence to the jury.
Garvin also said the child suffered a vertebral compression fracture to one of their spinal bones, which results in the bone compressing in on itself and becoming shorter. In total, Garvin said the child suffered 24 fractures, with the number indicating "significant trauma to the body."
When asked about the cause of the child's injuries, Garvin said they were diagnosed as non-accidental trauma, with no underlying medical condition or accident explanation being provided to physicians. She noted fractures in an infant were very rare aside from seeing them in skulls.
"The significant number of fractures is quite serious," said Garvin. "All of these fractures would have been quite painful."
Grossnickle asked Garvin about a mild Vitamin D deficiency listed in the child's medical history. Garvin said this was not uncommon in an infant.
With the child's follow-up appointment in November 2024, Garvin said no new injuries were noticed. At that point in time, the child and their sibling had been placed in the care of a paternal aunt.
In cross-examination, defense attorney Travis McConnell presented a visit note from Dr. Jason Chu with Indiana University Health. In the note, dated February 2025, Chu noted the child had metabolic bone disease, which affects bone strength and structure typically caused by mineral imbalances. Garvin testified there was no evidence of that in the child in November 2024. She agreed that metabolic bone disease would make bones weaker and easier to break.
With the child's inadequate levels of Vitamin D, she said fractures would be possible in a severe deficiency case.
"I don't necessarily think metabolic bone disease would look like abuse," said Garvin.
McConnell asked Garvin about symptoms with metabolic bone disease, including jaundice, poor appetite and excessive sleepiness. Garvin said while those could be symptoms for the disease, they aren't specific to metabolic bone disorder. McConnell noted the child slept the entire time they were transported from Warsaw to Indianapolis via ambulance.
Garvin also testified in her report, she noted the child had a normal range of motion and reflexes while they were being treated at Riley's. She said the child's fractures eventually healed and no lasting medical effects occurred.
In redirect, Grossnickle asked Garvin about changes between the skeletal survey completed at LKH versus the one at Riley's. Garvin said this was more than likely due to the LKH radiologist handling adult cases, whereas Riley's is pediatric-specific and can notice more subtle fractures.
The state's second witness of the day was Katlin Alexander, the child's mother. Alexander is also facing a level 3 felony in this case and said she had not been promised anything to testify against Juarez Resendiz.
In her testimony, Alexander said prior to leaving for work on Oct. 22, 2024, she changed the child's diaper and fed them around 3 a.m. She told the jury she was in a bedroom when she woke up to the child crying in an adjacent room, with Juarez Resendiz asleep in that room.
When Alexander went to care for the child, she said she didn't notice anything wrong with the child at that time. About a couple hours into her shift, Juarez Resendiz contacted Alexander while she was on break and asked her if she noticed any issues with the child before she left. She said Juarez Resendiz video-called her and showed her the child's arm, leading her to leave work. Alexander noticed the child's right arm was hard to the touch and decided to take the child to the emergency room.
Alexander, Juarez Resendiz, and the child's sibling all drove together down to Indianapolis when the child was transported to Riley's. Alexander told the jury the majority of the car ride was "pretty quiet."
She testified both the child and their sibling were removed from her care on Oct. 22, 2024, and still are. However, she told the jury she still has visits with the child, who is "developing just fine and doing very well."
Alexander said the child hasn't suffered any fractures or developed any medical conditions since that date.
"Did you do anything to harm (the child)?" asked Grossnickle.
"No," said Alexander.
In cross-examination, McConnell focused on inconsistencies in what Alexander told the jury and what she told police and doctors on Oct. 22, 2024. He said McConnell told police the child wasn't fussy during the morning hours but she told the jury they excessively cried for 20 minutes. Alexander also testified the baby was "asleep, calm and content" when she left for work.
Alexander also said she didn't know anything was wrong with the child until Juarez Resendiz contacted her at work. She testified she couldn't say when the child was injured and they looked fine when she left for work.
"Is it possible there was some type of accident?" asked McConnell.
"No," said Alexander.
In redirect, Grossnickle asked Alexander why she decided to testify.
"I'm testifying to tell my truth, that I did not hurt (the child)," said Alexander. "I'm trying to figure this out for my family."
The state's third and final witness for the day was Lisa Abberger, the Department of Child Services case manager for the child. Abberger said her job involved making sure the child is in a safe environment, which includes monthly visits. She told the jury that since the child was removed from Juarez Resendiz's care, there have been no reported injuries, illnesses or diagnoses.
Juarez Resendiz's trial continues at 9 a.m. Thursday, March 19.
