Grandfather who called grandson 'ungrateful demon' found guilty in Calgary beating death

A judge has found a Calgary grandfather guilty of beating to death his five-year-old grandson a boy who was sent to Canada from Mexico just months earlier by his mother who hoped he would have a better life.

Court of Queen's Bench Justice Richard Neufelddelivered his decision Wednesday morning, following Allan Perdomo Lopez's manslaughtertrial, which took place in June.

Emilio Perdomo suffered acatastrophic brain injury on July 9, 2015.

It took Perdomo Lopez 2 hours to get his unconscious grandson to a hospital after the child was injured. Emilio died eight days after he was admitted. The only people in the hospital room at the time were hospital staff.

• Injured boy died with only hospital staff at bedside, grandfather's manslaughter trial hears

The grandfather said Emilio suffered his fatal injury during an accidental fall down stairs days before the boy was brought to hospital.

But, in delivering his decision Wednesday morning, Court of Queen's Bench Richard Neufeld said Perdomo Lopez's statement to police was "not believable or reliable."

Neufeld took several factors into account in that finding thatEmilio's fatal head injury was inflicted not accidental, including:

• EvidenceEmilio suffered months of physical abuse.
• That the boy had multiple head injuries when he arrived at hospital.
• Perdomo Lopez's lies to police.

Perdomo Lopez also waited hours after Emilio fell unconscious to take him to hospital, the judge noted.

"There is no rational explanation for withholding medical assistance if Emilio's injuries were accidental," said Neufeld.

Some of the Crown's strongest evidence came in the form of what it described as an apparentconfession after police set up recording devices in Perdomo Lopez's car and homein the months after Emilio's death.

In one of the recorded conversations, Perdomo Lopez refers toEmilio as an "ungrateful demon" and says "I didn't wantto kill that child."

Defence lawyer Darren Mahoneyhad argued Perdomo Lopez is a superstitious man who was actually praying for forgiveness for bringing Emilio from Mexico and bringing a curse into his house not for killing the boy.

He also argued Emilio's injuries could have been inflicted by other adults who had access to the child.

The judge rejected those theories.

"He confessed to his God to having killed Emilio," said Neufeld. "The accused was asking God for forgiveness for what he did to his grandson."

Mahoney says he and his client are disappointed with the decision.

"There was a lot of evidence heard. We'll analyze the decision of the justice in light of the evidence that was let at trial and we'll make some decisions after meeting with the client about whether there is a reasonable prospect of appeal," he said.

Doctors testified during the trial thatthe boy's small body showed that he hadsuffered abuse for weeks if not months leading up to his death.

A man who worked at a local flea market every Sunday told the judge he watched as the boy deteriorated until he was barely able to walk and had a bandage on his head.

• 'The most bruises I've seen': 5-year-old was victim of violence, doctor says at grandfather's trial

Perdomo Lopez's wife, Carolina Perdomo, was originally charged in the case but earlier this yearher charge was stayed byprosecutor Shane Parker.

Five months before his death, Emilio's mother hadsent her son from Mexico to live with Perdomo Lopez.

Based on photos taken of Emilio when he arrived in Calgary, the boy had no visible signs of injury.

But by the time he was taken to hospital, Emilio had bruises and scars in varying stages of healing.

The boy's back was marked withscars from being whipped with a belt, prosecutor Shane Parker told the court.

Bruises coveredhis feet, shins, knees, thighs, groin, stomach, chest, arms, face and head. And, on Emilio's left upper arm: abruise in the shape of an adult-sized grip mark.