On Aug. 18, 2019, Emergency Medical Services were called to a home on Second Avenue in Moorefield. Carlos A. Ortiz Jr., 28, said his child had fallen from a porch, hit his head on the sidewalk and was having trouble breathing.
Ortiz was one of 16 people indicted by the Hardy County Grand Jury on Tuesday, Feb. 2. The defendants were arraigned on Tuesday, Feb. 11. Judge C. Carter Williams presided.
According to court documents, Moorefield Police also responded to the call. Ortiz admitted he was not the child’s father, but was living with the child’s mother and would baby sit while she worked.
MPD asked Ortiz to provide details about the incident and shortly determined it was unlikely the child would have hit his head on the sidewalk.
In addition, a pediatrician at Ruby Memorial Hospital in Morgantown said the child’s injuries were not probable from a fall. There were also fractures of the child’s arms and legs older than two weeks prior to the fall.
Danzel William Westfall, 18-months old, passed away from his injuries on Sept. 20, 2019.
Court documents indicate the child’s grandmother reported child abuse to the police and Child Protective Services in June 2019.
Ortiz was charged with one count of murder and one count of child abuse resulting in death. He pleaded not guilty to both charges.
Ortiz is being held on $275,000 bond at Potomac Highlands Regional Jail.
Allison Westfall, 27, the child’s mother, was indicted on one count of
The charges in the above referenced indictments are merely charges. Defendants are innocent until and unless proven guilty.