Erie County Court Judge James F. Bargnesi sentenced a Buffalo-area couple to five years of probation after they pleaded guilty to second-degree manslaughter in connection with the death of their 2½-month-old daughter, a decision that drew criticism from critics who argued the punishment was insufficient.
Luis Gonzalez Jr., 26, and Kitrina Udrea, 23, were sentenced Wednesday after admitting guilt to one count of Manslaughter in the Second Degree, a Class C felony.
The charge was the highest sustainable charge and the only count in the indictment, according to the Erie County District Attorney’s Office.
Authorities said police and paramedics responded to an apartment on the 2000 block of William Street in Cheektowaga, New York, on July 7, 2023, after receiving a 911 call reporting an unresponsive child.
The couple’s daughter, Londyn Gonzalez, was transported by ambulance to the former Oishei Children’s Hospital, where she was pronounced dead.
According to prosecutors, Londyn was born on April 20, 2023, weighing 6 pounds, 8 ounces.
During pediatric appointments in late April and early May, a medical provider raised concerns about the infant’s declining weight and instructed Gonzalez and Udrea to increase the amount and frequency of her feedings.
Prosecutors said the couple failed to return for a scheduled May 8 appointment and did not contact the pediatrician’s office again or take Londyn to another medical provider.
At the time of her death approximately 2½ months later, Londyn weighed 8 pounds, 4 ounces.
Medical guidance indicates infants typically gain weight rapidly during the first months of life, often averaging about an ounce per day, though growth varies among children.
The Erie County Medical Examiner’s Office ruled the manner of death a homicide by neglect caused by malnutrition and dehydration.
Erie County District Attorney Michael J. Keane said the case involved more than a single mistake, arguing that the couple ignored medical guidance regarding their daughter’s care.
“As we advised the court, this crime was not a brief lapse in judgment or a single poor decision, but the intentional withholding of nutrition for several weeks from their own baby,” Keane said. “The cries of their hungry newborn and the advice of medical professionals fell on deaf ears.”
Gonzalez and Udrea entered guilty pleas in May.
Prosecutors had sought prison time, while the defense argued the couple lacked the education and resources needed to properly care for their child, according to The Buffalo News.
During sentencing, Judge Bargnesi acknowledged the seriousness of the case and called the circumstances surrounding Londyn’s death “absolutely outrageous.”
He said infants require constant care and noted that the child’s death could have been prevented if the couple had sought emergency assistance.
The sentence of five years’ probation instead of prison time prompted criticism from some critics who argued the punishment was insufficient given the circumstances of the case, as highlighted by Niagara Action.
The Erie County District Attorney’s Office credited members of the Cheektowaga Police Department and Doyle Fire Company for their work investigating the case.
