Monterey DA says 14-year-old girl has not been charged in newborn’s death

The Monterey County District Attorney’s Office is distancing itself from a decision to seek a murder warrant for a 14-year-old girl whom authorities say was raped and impregnated by her own father.

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The warrant stems from the death of the girl’s newborn baby, who was found beside a rural Monterey County road Aug. 1. Her father, 38-year-old Sergio Galvez Perez, remains on the run and is accused of concealing the teenager from investigators. On Monday, Sheriff Tina Nieto described girl as a “murder suspect,” an extraordinary designation that prosecutors have now said did not come from them.

“The District Attorney’s Office has not received a filing request for criminal charges against the 14-year-old Jane Doe, nor has our office received any investigative reports from law enforcement,” Monterey County District Attorney Jeannine Pacioni’s office said in a statement. “As a result, our office has not made any charging decision regarding the 14-year-old.”

The clarification came after the sheriff’s office announced that a judge had issued a murder warrant for the teenager. The DA’s office said the warrant is a Ramey warrant, which police can obtain directly from a judge based on probable cause without first presenting the case to prosecutors.

“A Ramey warrant is obtained through the court and is not reviewed or approved in advance by the District Attorney’s Office,” the statement said. “The decision to seek a Ramey warrant is made by law enforcement. Ultimately, only the District Attorney’s Office is responsible for determining whether criminal charges will be filed.”

The DA’s office has separately filed a child molestation charge against Perez, 38, whom authorities have identified as both the teenager’s biological father and the father of her newborn. Prosecutors said they are seeking a warrant for his arrest and called on him to surrender.

The DA’s office described the alleged sexual assault as a “heinous crime” and emphasized that prosecutors consider the missing teenager a victim.

“No child should ever have to endure such horrific circumstances,” the statement said. “… The responsibility for getting a child to safety does not rest on the child.”

The case began at about 8:30 a.m., Aug. 1, when a newborn girl was discovered beside the 100 block of Struve Road in northern Monterey County. First responders pronounced the infant dead at the scene. Investigators, who named her “Baby Angelita,” later said a forensic examination found signs of traumatic injury. The sheriff’s office said its investigation showed that the 14-year-old gave birth beside the road, placed the baby on the ground and left. 

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Nieto said investigators believe Perez is hiding the girl from authorities. Authorities have said the pair could still be in California or may have traveled to Mexico.

Videos reviewed by SFGATE show Perez performing with his band, El Águila Real Y Su Ritmo Sabroso, alongside a young girl. In several clips posted online, the girl plays keyboard beside Perez. SFGATE has not independently confirmed that she is the same child authorities are searching for.

The teenager’s mother, Ofelia Garcia Ortega, was previously arrested on suspicion of felony child endangerment and later released on bail. Pacioni’s office is reviewing possible charges against Ortega but stressed that those potential charges are unrelated to the infant’s death and to Perez’s alleged sexual assault.

“Our priority is to ensure that this young girl is safe and has access to the support and services she needs,” the DA’s office said.

Authorities have asked anyone who sees Perez or the teenager not to approach them and to call 911. Anyone with information about their whereabouts should contact the Monterey County Sheriff’s Office.

If you or someone you know needs help, please call the National Domestic Violence Hotline at 800-799-7233 in the U.S.