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Mom fights for justice, wants DA to take second look

Published On: Feb 28 2013 06:00:00 PM CST
Updated On: Mar 01 2013 05:28:40 PM CST

Mom fights for justice, wants DA to take second look

READING, Pa. -

A Berks County man is heading to trial, charged with assaulting his young daughter three years ago, said officials.

All charges against Hector Garcia were held for court Friday afternoon.

Garcia's aunt, Elisa Cintron, adopted the little girl, who is now completely care dependent.

According to Cintron, her nephew is not innocent by any means, but she wants the girl's biological mother charged as well.

Nely Cintron, 5, has a bedroom every little girl dreams about. It's filled with elephants, flowers and glass chandeliers. But Nely can't see any of it. She is blind, she can't move and she's missing a portion of her skull.

"She isn't able to communicate with us and the worst thing, she hasn't smiled since this happened," said Cintron, who started taking care of Nely after the accident.

On March 17, 2010, doctors said she suffered severe head injuries and ligament twisting in her neck. She was 2-years-old. 

"There is no playing outside, there is no playing with your friends…nothing," said Cintron.

According to investigators, Nely's biological father, Hector Garcia, is responsible for her injuries. He was babysitting her in the 1000 block of Spring Street in Reading.

To this day we still don't know exactly what happened, but doctors told police it was no accident. Instead, they said the child was shaken and slammed against something.

"We have him where he needs to be in order to pay for this, but there's a second part," said Cintron.

 Cintron is now Nely's primary caregiver. She wants the District Attorney to take a second look at the case. She believes two parents are at fault.

 "One for inflicting the injury, the other for failing to protect," said Cintron.

 According to court documents, Nely's biological mother called Garcia "irresponsible," and said there were other incidents that happened under his care.

Cintron said she wants her charged, for what she says is, "failing to protect her daughter," before the statute of limitations runs out.

"I absolutely want justice for Nely. What happens if it happens again?" said Cintron. "Both parents need to be held accountable, and we need to protect any future children." 

The District Attorney said he is reviewing the matter.

69 News reached out to Nely's biological mother via email about the allegations raised. Her only response was she is a witness in the case.