ALBUQUERQUE — A single mother accused of suffocating her 3-year-old son and burying him in a playground will face life in prison if convicted of first-degree murder, prosecutors said Friday.
Tiffany Toribio, 23, was charged with first-degree murder, child abuse and other counts related to the May 13 death of her son, Tyruss “Ty” Toribio. His body was discovered two days later.
Lee Hood, a public defender representing Toribio, waived the reading of the charges in a court appearance Friday.
Bernalillo County District Attorney Kari Brandenburg said no circumstances would qualify Toribio for the death penalty. She said the state’s current law allows the death penalty in limited circumstances, such as cases of murdering a police officer or murder for hire.
The state had repealed that law for crimes committed as of July 1, replacing the death penalty with a life sentence without possibility of parole.
Albuquerque police had said Toribio was homeless because she had been kicked out of her mother’s house and a friend’s apartment for ignoring her son.
Toribio’s sister, Emily Apodaca, said Friday that family members doted on the boy and were devastated by his mother’s alleged actions.
A public memorial for Ty will be held Tuesday at Calvary Chapel.
