Merced man sentenced to 9 years in prison in toddler’s death

Tears rushed down Sophoeun Alvarez’s face Friday morning as she described her heartbreak over the death of her 3-year-old son at the hands of a man she once called a friend.

“He destroyed what’s left of me,” Alvarez said of defendant Jonathan K. Thao.

Thao, 24, received a 9-year prison sentence Friday after pleading guilty to felony child abuse in connection with the Nov. 3, 2014, incident that claimed the life of Santos Alvarez, a child he was baby-sitting. The sentence was handed down by Judge David W. Moranda in Merced Superior Court.

The child was struck by a vehicle Thao was driving. Blood found on the truck’s tires belonged to the child, Merced police detectives concluded.

The circumstances around exactly how and where the child was killed remain a mystery. Thao appears intent on keeping the truth to himself, a fact the child’s family says only compounds the tragedy. Thao has refused to discuss the case with police.

“We still don’t know where it happened,” Detective Joe Deliman said. “Maybe one day he’ll feel bad enough to maybe write the mother a letter and let her know what really happened. From the very beginning, everything that came out of his mouth was a lie.”

He initially told investigators the child was struck by a vehicle that sped away from the scene. He said the incident happened in the parking lot of a fast-food restaurant on West 13th Street, but investigators said security-camera footage showed no such incident.

Thao’s lies in the days after the tragedy included claiming to be the boy’s father, dating the boy’s mother, Sophoeun Alvarez, and changing several details about the truck he initially said was responsible for the tragedy. Thao, in an interview with the Sun-Star a few days after the tragedy, acknowledged misleading police and the public. Despite admitting some lies, Thao continued to insist the child had been struck by a vehicle in the parking lot by a man who sped away.

In that same interview, Sophoeun Alvarez defended Thao, who had endured heavy criticism from other members of her family in the days following the child’s death. During a candlelight vigil, several relatives surrounded Thao, shouted at him and accused of him of “doing something to the baby.”

Sophoeun Alvarez’s feelings toward Thao were very different Friday. “He’s not an asset to society, but a liability,” she told the judge.

The nine-year prison term was the maximum allowed by law, another fact that frustrated the child’s family. “I don’t understand why nine years is the maximum,” said Francisco Alvarez, the child’s uncle.

Ilia McKinney, the Merced County deputy district attorney who prosecuted the case, said prosecutors considered charging Thao with more serious crimes, including murder, but said there simply was not enough evidence.

“To a certain extent, he was successful in covering his tracks with the lies he told,” McKinney said in a telephone interview. “If it hadn’t been for the great work of Detective Deliman and the other officer who worked on the case, we might have never known who was responsible for this tragedy.”

McKinney described Thao as a “danger to society,” citing his criminal history, which, according to court records, includes multiple assault, drug and weapons convictions.

“He couldn’t even drive a short few blocks to a McDonald’s without killing a 3-year-old child,” McKinney told the judge.

Thao’s attorney, Deputy Public Defender Paul Lyon, said Thao pleaded guilty early in the court process. “He wanted to end the case so he could take responsibility and take his punishments,” Lyon said.

It was unclear Friday whether Thao intends to seek any appeals in the case. Lyon said Thao had not discussed that possibility.

In her final remarks to the judge, Sophoeun Alvarez described her child at length, using the present tense. “He loves to play (music), his instruments are my pots and pans. His drumsticks are my chopsticks. He is honest. He is humble and smart. He knows his colors and his shapes.”

Nearly a dozen family members spoke about the child, recalling the times he was funny, loving and adorable. Many acknowledged bitterness that Santos would never grow up, never have a first day of school, never lose his first tooth or learn to read.

“His smile that he shows me makes my heart leap,” Sophoeun Alvarez said. “The bond that Santos and I have is unbreakable in life and in death.”

This story was originally published September 25, 2015 at 1:22 PM with the headline "Merced man sentenced to 9 years in prison in toddler’s death."