A California father's grief turned to fury Tuesday as his 4-year-old son's stepfather received a significantly reduced sentence through a plea deal that dropped an original murder charge, with the man ultimately sentenced to six years behind bars for child abuse in connection with the boy's death.
Oscar Munoz pleaded no contest to child abuse and willful cruelty to a child, plus a three-year enhancement for inflicting great bodily injury, in San Joaquin County Superior Court. The plea agreement came after prosecutors initially charged him with murder in the November 2020 death of his stepson, Moses Lopez.
Background
Tracy Police Department officers responded to a call on Nov. 16, 2020, reporting a child not breathing at Munoz and Camila Pizarro-Vergara's apartment in the 3800 block of West Grant Line Road. Officers arrived to find Moses unresponsive, according to court documents obtained by The Stockton Record.
"Police and medical personnel responded, and [Moses] was transported to a local hospital, via ambulance," the TPD release stated. "The child later died after life-saving efforts failed to revive him."
According to a search warrant affidavit, Moses' daycare had noticed an injury to the child's left ear in October 2020. By November 2020, daycare staff reported injuries to Moses' left ear, chest and face to Child Protective Services before notifying authorities.
When paramedics treated Moses on the day he died, they observed severe bruising to the back of his head and neck area, the affidavit alleged.
Munoz and Pizarro-Vergara married in February 2020 after meeting in August 2019. Felipe Lopez, Moses' biological father, told reporters Tuesday that one of the last times he saw his son was during Moses' birthday celebration in June 2020. According to Lopez, Pizarro-Vergara allegedly blocked his phone number and social media accounts while preventing him from spending time with the boy.
"He was just a little 4-year-old boy, he did not deserve that," Lopez said outside the San Joaquin County courthouse. "No child deserves that."
The Charges
Both Munoz and Pizarro-Vergara were arrested in 2020 and charged with murder in connection with Moses' death.
The San Joaquin County District Attorney's Office explained its decision to accept a plea deal in a statement, noting that the case went to trial in 2022.
"In 2022, our office commenced a jury trial where Oscar Munoz was charged with murder," the DA's office stated. "The trial resulted in a hung jury with a majority of the jurors voting for acquittal."
After reviewing the evidence and testimony, prosecutors accepted Munoz's plea to child abuse with great bodily injury, which carries an agreed sentence of nine years in state prison — though credit for time served reduced the actual sentence to six years.
"The entire office understands and deeply shares in the community's profound grief during this unimaginably difficult time," the DA's release said. "The death of young Moses is a tragedy for which this office is committed to achieving justice."
Deputy District Attorney Elton Grau addressed Moses' family during sentencing proceedings, explaining the prosecution's reasoning.
"There are times in our cases where the ethics of a prosecutor calls, and it asks us to stand up and to say, 'Can you prove this?'" Grau said. "And it breaks my heart when I look at all of you to say: I could not, I could not prove that, and that's why I had to resolve it."
According to prosecutors, Munoz's plea will count as a strike under California's Three Strikes Law.
Court records indicate Pizarro-Vergara remains facing charges related to Moses' death. She was scheduled to appear in court for an arraignment following Munoz's sentencing.
Key Takeaways
- Oscar Munoz originally faced murder charges in the November 2020 death of his 4-year-old stepson, Moses Lopez
- A 2022 jury trial ended in a hung jury with most jurors voting to acquit Munoz
- Munoz pleaded no contest to child abuse and willful cruelty; prosecutors accepted the plea after failing to secure a conviction on murder
- The plea carries a nine-year sentence with credit for time served reducing actual incarceration to six years
- The plea counts as a strike under California's Three Strikes Law
- Moses' mother Camila Pizarro-Vergara still faces charges in connection with her son's death
What's Next
Munoz will serve his sentence at a California state prison facility. His attorneys have 60 days to file an appeal of the conviction. Meanwhile, prosecutors are preparing for the upcoming trial of Pizarro-Vergara, who remains jailed on murder charges pending her next court appearance.
Family members and community supporters gathered outside the courthouse Tuesday to protest the plea deal, holding signs demanding accountability. Felipe Lopez has indicated his family is exploring civil remedies against both defendants.