‘I turned my back on him’: Meridian man to spend life in prison for murder of his son
As three Meridian police officers performed CPR on a 9-year-old boy in September 2020 — who was dehydrated, starved and bruised — the boy’s father wasn’t by his side. Instead, he was walking in and out of their Meridian home.
Meridian Police Officer Eric Stoffle testified during an over-seven-hour sentencing that police later determined the father was removing evidence, which showed how the boy was tortured and beaten, out to his vehicle.
That boy was Emrik Osuna, and he died at the hands of his father, Erik Osuna, and stepmother, Monique Osuna.
Fourth District Judge Steven Hippler sentenced Erik to life in prison without the possibility of parole Thursday. Monique was sentenced to life without parole in June.
The Osunas pleaded guilty to the first-degree murder of Emrik earlier this year as part of plea agreements. In exchange for their plea deals, the state didn’t pursue the death penalty, according to court records and the Ada County Prosecutor’s Office.
“When Emrik needed me, I turned my back on him,” Erik said in a statement he read to the judge. “There’s nothing I can do or say, and no amount of apologies will ever bring him back — so to say that I’m sorry is an understatement.”
Erik Osuna also Monique’s victim, attorneys say
Throughout the sentencing, Erik’s attorneys focused on Erik’s traumatic childhood, mental health and the potential abuse he faced at the hands of Monique.
One of Erik’s attorneys, Elisa Massoth, said one of the questions posed to Erik during his pre-sentence investigation was what the last thought he had before going to sleep. A PSI report includes a defendant’s criminal history, background, the results of any evaluations ordered and any potential recommendations after they’ve been found guilty or convicted. The reports are not available to the public.
Erik answered that he should have taken Monique’s keys and debit card, grabbed his four kids — including Emrik — and driven to California to “be safe with me and my family.”
Massoth argued that Erik did not even have the “intellectual capacity” and the “executive function necessary” to protect himself from any of the trauma he sustained throughout his life, let alone his own child.
Ada County Deputy Prosecutor Tamera Brooke Kelly disagreed.
“Monique Osuna did not cause Emrik’s death by herself,” Kelly said during the sentencing. “The defendant actively engaged in the torture of Emrik Osuna. The defendant abandoned his duty of care and his duty to protect Emrik Osuna.”
Kelly, who argued that Erik should be sentenced to life in prison, also said that Erik “should not be viewed as a victim.”
Just before Hippler sentenced Erik to life in prison, he acknowledged there is “some degree” of difference between Monique and Erik’s abuse of Emrik. But Hippler said Monique was perhaps given some level of “mercy,” referring to the fact that because of their plea deals, the Ada County Prosecutor’s Office did not seek the death penalty.
“To me if there is a capital case, that was a capital case,” Hippler said in court, referring to Monique.
During Monique’s June sentencing, the court heard from St. Luke’s pediatrician Matthew Cox, who evaluated Emrik’s medical history after his death. Cox said he believed Emrik was tortured to death.
“The clinical picture thus far would indicate severe neglect, severe physical abuse and an overall pattern of child torture,” Cox wrote in his initial report regarding Emrik.
Photos were also presented in court during her sentencing of Emrik’s body, which showed deep bruising to the boy’s body from the middle of his back down to his thighs. One image showed at least 10 bruises — some of the bruises were beginning to heal, while others were new — to Emrik’s buttocks, lower back and upper-back thighs.
Witnesses outline Erik’s traumatic childhood
The defense presented multiple witnesses throughout the sentencing — including Erik’s brother, Julio Osuna Guitirrez — who spoke about Erik’s childhood environment.
Erik, now 31, has been in the U.S. since he was 4 years old, but he is not an American citizen, according to multiple witnesses. Erik was born in Tijuana, Mexico, and was brought across the border illegally to be with his mother and some of his other siblings. Erik’s mother abandoned him at 1 year old, and Erik didn’t live with her again until he was brought to Anaheim, California.
Before Erik came to the U.S., he lived in a “rough area” of Tijuana, according to testimony from James Whitman. Whitman is a mitigation specialist who specializes in capital cases and was retained by Erik’s attorneys to look into Erik’s background.
Whitman said one of his colleagues — who commonly travels to poor areas throughout Latin America — traveled to where Erik and his siblings were born and said it was “the worst place she’s ever been to.”
Whitman also said that family members he interviewed told him Erik was abused both physically and sexually. In California, Erik lived with his mother, stepfather and some of his siblings. Whitman in his testimony said he collected court documents, school records and interviews with family as a part of his investigation and was told Erik’s stepfather physically abused him. Erik was also bullied in school, his family had said.
Osuna Guitirrez, who lived in Mexico until fifth grade, said their life was “fairly difficult.” Osuna Guitirrez said that when he made it to California, Erik was one of the first people to hug him.
“It was the first time I ever felt wanted,” Osuna Guitirrez testified holding back tears.
Osuna Guitirrez, and his wife, were given custody of Erik and Monique’s three other children, and he expressed his gratitude toward the state for allowing him to raise Erik’s kids alongside his own kids. He added that they are currently in process of officially adopting the children.
Hippler also imposed a no-contact order, which prevents Erik from communicating with his other children, despite Osuna Guitirrez’s request to allow him contact.
Osuna Guitirrez said he doesn’t think the kids should be in contact with Erik right now, but knows one day the kids will have questions only their father can answer. He said he doesn’t want to deprive them from those answers.
“I know my brother, I know he’s not a bad person,” Osuna Guitirrez said. “I know he’s not OK to make certain decisions since he was little.”
This story was originally published October 20, 2022 at 6:27 PM.
CORRECTION: This story has been corrected to reflect the correct spelling of Emrik Osuna’s name and properly attribute Elisa Massoth.
