Jury gets case against Downey father charged in baby's death

A prosecutor told jurors Tuesday that a man lost his temper, violently shook his 8-month-old baby and then slammed him onto the hardwood floor at the family's home in Downey nearly seven years ago, while the defendant maintained that he was a good father and contended that there was reasonable doubt about the case against him.

Milton Alexis Paniagua -- a U.S. Marine Corps veteran who was dressed in a military uniform in the Norwalk courtroom -- is charged with murder and assault on a child causing death for the alleged attack Sept. 26, 2019, on his son, Maximilian. The baby was rushed to a hospital where he died that Oct. 1.

The Los Angeles County medical examiner's office concluded that the boy died from blunt force head trauma.

Prosecutor Jonathan Hatami contended that the defendant "got frustrated," "lost his temper" and "violently shook" his 8-month-old baby and then slammed him onto the floor, but that the father of three sons is "too ashamed" to admit what he did.

"This wasn't from a fall. This wasn't accidental," Hatami said, telling the jury that Paniagua "has lied, refused to take responsibility and blamed everyone else for years" and "pulled the wool" over his family's eyes.

"We will never know all the pain and suffering Max went through after he was shaken and slammed onto the ground ... Max was likely crying out for help because his teeth hurt," the prosecutor said.

Hatami noted that  Paniagua's military uniform "doesn't define the person," saying that "what matters is what's inside the uniform."

The prosecutor urged jurors to "hold the defendant accountable" and to find him guilty of second-degree murder along with the assault charge. He noted that the boy's injuries included five skull fractures, retinal hemorrhages "too numerous" to count and bruising to the forehead, back, left arm and right flank.

Acting as his own attorney, Paniagua told jurors that "things are not what they seem" and said that he has a "vested interest in figuring out what happened" to his son, whom he called a "very loved boy."

"... I've taken care of my children ... I believe that no matter what the allegations are I'm a good father," he told the panel.

The 46-year-old man suggested that his son should have had injuries to his neck and hips if he had been thrown to the ground as the prosecution has alleged.

"They're making all these claims," the defendant said of the prosecution's case. "I believe I've raised reasonable doubt."

But he told the jury he would respect their verdict regardless of whether they find him guilty or not guilty.

Jurors spent just under an hour discussing the case after it was turned over to them Tuesday afternoon and were due back in court Wednesday morning.

Paniagua was arrested Feb. 21, 2020, by Downey police and has remained behind bars since then, jail records show.