Morris County mother, boyfriend sentenced in death of 3-year-old boy

MORRISTOWN — A judge sentenced a former town man to life in prison on Thursday after he was convicted of killing his girlfriend's 3-year-old son and handed the woman an 18-year sentence for putting her children in harm's way and lying to police about what happened.

Edwin Urbina, 29, was denied the possibility of parole and will spend the rest of his life in a maximum security prison, the most severe criminal punishment under New Jersey law, ruled state Superior Court Judge Stephen Taylor in Morris County. The judge's sentence for Straw was a slight departure from the 21 years prosecutors sought, while straying a bit further from the 13 years her attorney Tracy Denholtz argued.

Straw, whose sentence came a few short hours after Urbina's in the same courtroom, will serve three consecutive terms that will give her the opportunity to be released on parole in five years.

A jury earlier this month after just three hours of deliberations found Urbina guilty of aggravated murder, an upgraded charge due to the child's age, finding he used a slipper or sandal to strike the boy with enough force that it caused internal injuries and the boy's death likely within 30 minutes, a medical examiner testified at trial. The boy, according to prosecutors, had "bothered" Urbina, who was playing a video game, when he asked for a snack in the early morning of Aug. 13 inside the OYO Hotel in East Hanover, where the couple, the toddler and Straw's then-5-year-old daughter were staying.

Straw, who was working the overnight shift at QuickChek, pleaded guilty to seven counts, including endangering the welfare of her two children, during a hearing in January.

Straw admitted that she returned to the hotel around 2:15 a.m. after receiving a call from Urbina that the toddler had stopped breathing. Instead of calling 911 or otherwise seeking help, the couple cleared the room of Urbina's belongings, changed the boy's clothing, and with both children in the car — the then-5-year-old girl in the backseat with her deceased brother — Straw dropped off Urbina at his family home in Morristown to help him escape arrest. It wasn't until hours after the boy's brutal beating that Straw drove to Morristown Medical Center, where she lied to police about what had happened, told her daughter to "not speak" and later deleted text messages between her and Urbina.

Urbina and Straw will be barred from any contact with the child victim or family members. Denholtz and Urbina's attorney Joel Harris said they plan to appeal the sentencings.

An 'evil demon lurks,' judge says

Taylor condemned the man's "brutal and callous" beating of the boy, which he believed was not an aberration and had occured at the hands of Urbina for several weeks leading up to the boy's death.

"Mr. Urbina, during the sentence of life without parole, I hope you have an opportunity to reflect on the enormous harm you caused in this case," Taylor said, "but I do hope that the sands of time will temper the evil demon that lurks within your soul."

Urbina, who was not the child's father despite the boy calling him "dad," showed no emotion during the sentence, but was quick to call himself a victim who was wrongly convicted due to the color of his skin.

"I, Edwin Urbina, remain innocent and I write this not to offend anyone, but to be a reminder that slavery ended hundreds of years ago," Urbina read from a yellow piece of legal paper, "Not only was I charged with murder, but my co-defendant, Krystal Straw, a white woman, was not."

Urbina's thoughts appeared scattered as he spoke, stating that he "didn't want anything to do with this situation" and didn't trust trust police and was afraid and "not in his right state of mind." Urbina contended he never disciplined the boy and suggested the boy's prior injuries occurred while he was serving time in prison in the months prior for a series of robberies.

Urbina also took aim at the prosecutors for their portrayal of him as a "barbaric freak" and the judge for being "one-sided," stating that Taylor had denied all motions he filed prior to trial which would have proven his innocence.

His attorney did not offer any factors that would have weighed favorably in his client's case, instead telling the judge, "There's nothing I can say."

Tara Wang, an assistant prosecutor in Morris County, appeared teary when she spoke of the child and asked the judge to consider several factors when imposing a life of imprisonment, including the "brutal, systematic beating of a boy that spanned weeks that ultimately culminated in his murder" while in the presence of his then-5-year-old sister.

"The entirety of the defendant's conduct both before, during and after the murder as well as the entirety of this prosecution and trial, the defendant has shown nothing but callousness, he has never demonstrated remorse," Wang said.

Urbina was also given a 20-year sentence for charges of endangering and two counts of witness tampering that will run after his life sentence. However, Urbina will not be afforded an option for early release on parole.

Straw's attorney said her client's actions and inactions as a mother are reprehensible and her failure as a mother apparent, but said Straw was taking the necessary steps to better herself while in jail including speaking with a therapist and attending Bible studies.

Straw, who was too nervous to speak and had Denholtz read a letter on her behalf, said that Urbina had controlled "every aspect" of her life and that she feared him. She knew Urbina was harming her children, but she felt "powerless" to stop it, she said.

Taylor said Straw's actions, by allowing her children to be abused at the hands of Urbina while also hindering the investigation, was "almost incomprehensible."

"Any parent's paramount role is to protect your child, at all costs," Taylor said. "To love them, to nurture them, to keep them safe especially very young children such as [the toddler and his sister]."

"And here, Ms. Straw did just the opposite," he said, "instead of protecting her children, she knowingly endangered the children."

Tearful family testimony

Tracy Monge, a family friend, read a statement during both sentencings on behalf of the boy's biological father, who was not present and was only identified by his initials. He said Straw had declined when he offered to take in the boy until she "got on her feet," and had also offered to buy her an apartment, a car and a cellphone. Straw's attorney noted that her client had been homeless for a while and was staying in shelters in New Jersey and New York City before she moved into the East Hanover hotel, where she lived in "poverty" and allowed Urbina to stay with her for free. He did not have a job.

"What kind of mother would allow these incremental events to take place in her own children's lives?" the boy's father wrote.

Prosecutors also read statements written by the boy's sister, who testified at trial, and the boy's maternal aunt, both of whom were not present. A letter written to the court by the girl's maternal great-aunt and legal guardian was read by the judge in private.

Linda Burke, the boy's maternal aunt, remembered her nephew as a "loving child filled with laughter" who was kind to every person he met. She remembered moments when he would roll in the grass as a baby, trying to pop bubbles, and the excitement he had when he got a monkey from the Build-a-Bear at the mall.

She also remembered the distress and heartache she felt when she learned of her nephew's death, and the moments she will never get to see: his first day in kindergarten, his first time driving, birthday parties and his future family.

The girl, in letters penned to Urbina and Straw, said she was happy living with a different family, who she said cares for her and makes her feel safe, but misses her brother.

"I am glad you are in jail and that you can't hurt me again," she wrote, to both her mother and Urbina.

Lori Comstock can be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared on Morristown Daily Record: East Hanover toddler death: Edwin Urbina gets life