A complaint that a sexual assault may have been committed against a Denver girl who was later killed was made to police by someone with the Denver Department of Human Services.
But while police said they could not gather enough evidence to prosecute Angel Ray Montoya, 22, for allegedly sexually assaulting Niveah Gallegos last year, it is unclear what Human Services did to protect the girl before her death Friday.
Niveah’s death comes about four months after another boy, Chandler Grafner, died after Denver Human Services workers did not investigate a complaint from his school that he had been missing for a month.
The Colorado Department of Human Services announced Tuesday that it would do a fatality review in the Gallegos case.
Denver Police Chief Gerry Whitman said Tuesday that Human Services notified police in 2006 of the alleged assault and that police and social-services officials gathered at the hospital to investigate.
An affidavit filed in Niveah’s homicide case said that her mother refused to cooperate with investigators in the sexual-abuse case, and police determined they could not proceed with a case against Montoya.
“It’s tragic that there was not enough testimonial and physical evidence, but that’s what happens when the victim can’t communicate,” Whitman said. “I do know there is indication that they (Human Services) participated in the investigation.”
Human Services spokeswoman Benilda Samuels said she could not comment.
“I cannot, by law, talk about anything to do with the child or her family and our agency,” she said.
Whitman said he doesn’t know what Human Services did to follow up, but Montoya lived at the girl’s Logan Street address even after the sex-assault allegation.
Montoya was arrested Friday for investigation of killing Niveah and dumping her body in a west Denver park, according to court records and police.
Lynn Kimbrough, spokeswoman for the Denver district attorney’s office, said Tuesday that charges are expected to be filed against Montoya and Niveah’s mother, Miriam Gallegos, by the end of the week.
A policy adopted in 2005 requires police to notify Denver Human Services and Human Services to notify police, of “all cases where sexual abuse is alleged or evident” in intrafamilial custody or care within 72 hours.
In this case, police were notified, but the case never reached prosecutors, according to Kimbrough.
Niveah’s family could not be reached for comment Tuesday, but a neighbor said she never saw Gallegos spending time with the child.
“The mother seemed very detached from her,” said Rachael Dill, 30.
Miriam Gallegos’ mother, Janet Gallegos, would walk the girl and play with her outside, Dill said.
Montoya had a previous conviction for abusing the son of a girlfriend in 2005, and he failed to register as a sex offender for a juvenile indecent-exposure charge.
Denver Mayor John Hickenlooper said, through his spokeswoman, that the situation was tragic, but Human Services officials are working hard to protect children.
“Our Human Services staff are passionate about protecting our children and have committed their professional lives to doing so,” Hickenlooper said in a statement. “Because this case is under investigation, we’re not able to discuss it specifically. That said, we are committed to learning all we can from every case to identify both what we’re doing well and where we can improve.”
Staff writer Kirk Mitchell contributed to this report.
Prayer vigil
A prayer vigil for Niveah Gallegos will be at 7 p.m. today at 1001 Perry St. Candles will be provided by Set Free Church of Denver.
This article has been corrected in this online archive. Originally, due to a reporting error it incorrect stated how long it would take to complete a fatality review in the death of Niveah Gallegos. Denver officials have 45 days after the death to submit the internal investigation to the state but there is no limit on how long the state has to complete the review.
