How Could You? Hall of Shame-Adrian Vigil and Heidi Velasqeuz and Bittersweet Justice UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Taos, New Mexico, adoptive parents Adrian Vigil and Heidi Velasquez “were charged with three counts of child abuse [in March 2021].”

“In February 2021, a brain bleed, multiple broken bones, and malnourishment hospitalized a one-and-a-half-year-old boy. ”

“With their criminal case still open, the state’s Children, Youth and Families Department placed the boy back in the couple’s home seven months ago. A KRQE Investigation revealed that decision in December. Now, seven months later, the accused couple reached a deal with the District Attorney’s Office, lowering their maximum penalty from 45 years in prison to 9 years. A sentence of probation is also still a possibility.

Vigil and Velasquez pled guilty Monday to the reduced charge of attempted child abuse causing great bodily harm. As part of the deal, their two other charges were dropped.

Both of them appeared hesitant, taking their time as they admitted through tears to causing serious injuries to the boy they adopted three years ago. He joined their family in June 2020. Eight months after that, their criminal case began.

“Do you understand you are giving up your right to be presumed innocent?” Hon. Emilio Chavez, of the 8th Judicial Court, asked Velasquez. When she didn’t immediately reply, he asked again, “Do you understand that?” “Yessir,” Velasquez said.

This guilty plea to a second-degree felony is the only deal the Judge would accept. He rejected their first agreement earlier this year, in April. “There again was no true or what I’ll say accepted explanation for [redacted] injuries,” he explained. “I will tell you in my experience of doing these and seeing some of those pictures… with no other justifiable explanation, jury might not be as understanding as I believe I’m being under the circumstances.”

Before approving the new deal, Judge Chavez confirmed with Prosecutor Cosme Ripol that the couple’s lack of criminal history and “positive rehabilitation” since their arrests are why it was offered. That “positive rehabilitation” is also why the boy is living with them again. A separate custody case resulted in CYFD placing the victim back in their home in December.

Velasquez’s defense attorney, James Mamalis, told KRQE he saw the boy three weeks ago. “I think he’s doing great. He’s happy, he’s playful, he’s smiles. He has great attachment for Heidi,” he explained. Mamalis previously argued this attachment is why his client shouldn’t face prison time.

“What we have disputed all along is that, Heidi, or Adrian did anything cruel to this child,” he said. “This is a family that’s gone above and beyond to make things right and to do right by this child whom they very much love and who very much loves them.”

This plea deal does not come with a sentencing agreement. Their penalty will be up to the Judge. He could hand Vigil and Velasquez probation or up to 9 years in prison. The Sheriff is asking for the maximum.

“I will be meeting with the DA’s office and emphatically making a statement as to the need for the full exposure of the full nine years,” Sheriff Steve Miera said. Since April’s failed plea hearing, his Office brought new evidence to the prosecutor. The boy’s first foster Mom, Audrena Apadaca, finally got in contact with investigators. She had been wanting to share videos of the boy recorded shortly before Vigil and Velalsquez adopted him. KRQE shared some of those videos in our December investigation when we first introduced Apadaca.”
“Guilty”: Adoptive parents take plea in toddler abuse case
[KRQE 7/21/23 by Ann Pierret]

REFORM PUZZLE PIECE

Update:“The New Mexico Children, Youth and Families Department paid $1.4 million to settle a lawsuit in which the agency was accused of placing two young siblings with a family where the children were starved, beaten and one was sexually abused.

The lawsuit, filed in 2022 in First Judicial District Court, was settled in late July, with $700,000 being paid out to each child. The children, who are not identified in court records, suffered abuse over a number of years while staying with the Taos family, and CYFD failed to substantiate allegations of abuse against the family and signed off on the children’s adoption, leading to more abuse, the original civil complaint filed in the lawsuit alleges.

“These children have been through a lot of adversity. It’s our hope that through litigation and through a process where those harms are brought to light, there’s hope … no other children suffer similar similar outcomes,” attorney F. Michael Hart said in an interview.

CYFD spokesperson Jake Thompson wrote in an email the agency does not admit fault in settlements, adding the department assesses each lawsuit based on the facts and the risk of allowing it to go to trial.

“In this particular case, the department determined after that assessment that it was appropriate to settle the matter ahead of trial,” he wrote.

So far this year, CYFD has paid out more than $1.8 million to settle lawsuits and tort claims, according to the New Mexico Sunshine Portal, which appears to largely only track civil cases filed in state District Court. The $1.4 million settlement in this lawsuit represents the largest one so far this year.

The two children were taken into state custody amid allegations of abuse and neglect against their biological parents, according to the lawsuit. CYFD identified the Taos parents as possible adoptive parents for them in 2014. The children stayed with the family during adoption proceedings, the lawsuit adds.

In 2017, the state received a report of suspected abuse of the children, specifically involving physical abuse and inappropriate discipline, the lawsuit states. It alleges CYFD actually found safety concerns in the home.

However, the agency did not substantiate the allegations, closed its investigation, and referred the family to community services, the lawsuit alleges.

Later, the children were adopted by the Taos family, a move CYFD signed off on, the lawsuit alleges. Then, in 2019, the agency received another report of physical abuse and inappropriate discipline involving the family. The lawsuit alleges CYFD again closed its investigation and referred the family to services to help. The lawsuit accuses CYFD of overlooking the family’s failure to access those services.

A year later, one of the children’s schools reported to CYFD they suspected child abuse and neglect, expressing serious concerns that the adoptive parents were hoarding food from one of the children, a boy. During that investigation, the child — 11 at the time — weighed less than 70 pounds, but CYFD still closed its investigation without taking serious action, the lawsuit alleges.

CYFD finally substantiated allegations of physical neglect and abuse, the lawsuit states, and the adoptive parents were criminally charged with multiple counts of child abuse. The father was also charged with first-degree criminal sexual penetration of a child and other crimes. The adoptive parents each struck deals with prosecutors and pleaded no contest to lesser crimes. The mother was sentenced to a total nine years in prison and the father was sentenced to 20.”

CYFD settles lawsuit alleging foster parents starved, abused children for $1.4 million

[Santa Fe New Mexican 8/14/26 by Estaban Candelaria]