An Oregon jury has convicted a former Hilo woman of murdering her 4-year-old son in a case that attracted national attention after prosecutors asserted the mother’s abuse was motivated by her belief the boy was gay.
The case was stunning not only for the alleged motivation, but also for the brutality of the injuries inflicted on Zachary Dutro-Boggess’ tiny body.
Jessica Analani Dutro, 25, was found guilty Wednesday at Washington County Circuit Court on one count of murder, five counts of murder by abuse and one count of second-degree assault in the death of her son.
The Oregonian newspaper reported that Dutro-Boggess was transported to a hospital Aug. 14, 2012, after he collapsed at a homeless shelter in Tigard, Ore., where he was living with three siblings, his mother and her boyfriend. He suffered from traumatic tears in his bowel and was removed from life support two days later.
At the hospital, doctors also observed injuries on his older sister and younger brother, then 7 and 3, respectively, according to the newspaper.
The Washington County medical examiner’s office said Dutro-Boggess died from complications of blunt force abdominal injuries.
On Hawaii island, Dutro-Boggess’ former foster mother expressed relief over the guilty verdict as she remembered the affectionate boy whom she nicknamed the "kissing bandit."
"My only hope was that we could find a little bit of justice for Zachary," said Kate Cruse of Pahoa. "It doesn’t change the fact that he’s gone, but it’s a little bit of a relief."
In November 2008, Dutro was found guilty in Hawaii Family Court for third-degree assault involving a minor, described by the Oregonian as her mother’s foster son. As part of her sentence, Dutro was ordered to undergo anger management counseling and to complete parenting classes.
At that time, Cruse became foster mother to Dutro-Boggess and his older sister for about a year, starting when he was 4 months old.
"He was just a beautiful little boy," she told the Honolulu Star-Advertiser in a telephone interview from Hawaii island. "He was bright. He had potential."
Cruse called him the "kissing bandit" because he often sneaked up on her to get a kiss.
"He loved to be snuggled and kissed," Cruse said. "He was just a wonderful little guy."
The Oregonian reported that Dutro regained custody of her two children and moved to Oregon.
On hearing about the boy’s death in 2012, Cruse said, "It just slammed me."
She added, "I don’t understand. The one who was supposed to protect him and love him is the one causing the most damage. He just had to be so bewildered because he can’t even run to them to keep him safe because they’re the ones hurting him."
As part of an earlier plea deal, Dutro’s boyfriend, Brian Canady, was convicted of manslaughter by abuse and second-degree assault in Dutro-Boggess’ death. He initially told detectives that he kicked the boy in the stomach because he was disobedient, but Canady later changed his story.
Canady’s sentencing is set for Thursday.
According to the Oregonian, the couple had an infant son who showed no signs of abuse, but Dutro’s three other children from a previous relationship all had been abused. Prosecutors also said the couple did not seek medical attention for Dutro-Boggess until it was too late.
The newspaper reported that some of the most damning testimony at Dutro’s trial came from Dutro-Boggess’ older sister, now 8, who quietly described how she and her two brothers would get "lickins" from Dutro and Canady. The child also testified that she saw both Dutro and Canady beat her brother just before his fourth birthday.
According to the Oregonian, she told a counselor, "They beat my brother up, then he died. I seen them."
News of Dutro’s murder trial spread nationwide after prosecutors presented Facebook messages between Dutro and Canady where she expressed disappointment in her son’s mannerisms, describing them as gay. She wrote,"He walks and talks like it. Ugh."
Dutro wrote that Canady needed to "work on" her son "big time," according to the Oregonian.
Prosecutors said Dutro’s belief that her son was gay was the motive for the abuse, which Dutro’s attorney denied.
Cruse, Dutro-Boggess’ former foster mother, called the abuse "gut-wrenching" and said Dutro’s Facebook message was ridiculous. "I found it disturbing that it would matter," she said by phone.
"If you see your son dancing down the hall in a pink tutu, who cares?" she said, noting parents should love and accept their children regardless of their sexual orientation.
Cruse described Dutro-Boggess as a "boy’s boy" who enjoyed playing with toy cars and trucks. "He was just a little boy."
Zachary’s father, Zachary P. Boggess, could not be reached for comment.
Dutro’s surviving children are in the care of one of her relatives, according to the Oregonian.
Her sentencing is scheduled for April 18.
On the Net:
» For more information on this case, go to the Oregonian’s coverage at bit.ly/OelWp5.