Man arrested on charge of murder by child abuse

Jen Lawson

Friday, June 24, 2005 | 9:49 a.m.

Metro Police arrested a Las Vegas man Wednesday for allegedly beating his girlfriend's 3-year-old son to death last week, the third child abuse homicide this year.

Jose Luis Rubio, 23, was being held this morning in the Clark County Detention Center on a charge of murder by child abuse in connection with the death of Joseph Rivera.

Rubio was babysitting Joseph when the injury occurred, authorities said.

"Part of the investigation is determining who is responsible for the care of the child and at the time this occurred he was in the care of Mr. Rubio, and the injury was nonaccidental trauma," Susan Klein-Rothschild, director of the Clark County Department of Family Services, said.

Rubio called his girlfriend the morning of June 13 and said the boy was "very ill," Lisa Teele, supervisor in Metro's abuse and neglect detail said.

The mother asked Rubio to bring her son to the Mandalay Bay, where she worked. When they arrived Joseph was unresponsive and she called 911, Teele said.

"Despite medical intervention, the child passed away due to trauma caused by blunt force," she said.

After an investigation by abuse and neglect detectives Rubio was taken into custody Wednesday afternoon.

Klein-Rothschild said her agency had no prior contact with Rubio.

The boy's mother has not been charged with a crime.

John Schutts, 30, of Henderson, was arrested in March for allegedly shaking his 4-month-old son, inflicting severe brain injuries that killed him 11 days later. He pleaded guilty last month to second-degree murder and is scheduled to be sentenced today.

And in March, Metro Police arrested 26-year-old Osvaldo Lopez for shaking his girlfriend's 2-year-old daughter to death while the girl's mother was at work. He has pleaded not guilty and is awaiting trial.