The man who got off the hook for murder because the judge could not pinpoint whether it was he or his girlfriend that killed their infant daughter Michelle, or how exactly it happened, has been sentenced to five to 15 years in prison
Michael Aviles (DOB 04/12/69) of 153 Hudson Avenue, Haverstraw was found guilty of one count of Manslaughter in the Second Degree, a class “C” felony and one count of Criminally Negligent Homicide, a class “E” felony, for which he received the sentence.
Prosecutors said that in the early morning hours of January 16, 2011, in the Haverstraw apartment Aviles shared with Lissette Capellan (DOB 01/01/89), the infant suffered multiple fractures to her skull and ribs and internal bleeding following a savage beating by the defendant. The unresponsive infant was later driven to Nyack Hospital by the defendant, wrapped in a towel and wearing a diaper.
After being transferred to Westchester Medical Center in Valhalla, the victim was pronounced dead at approximately 11:45 a.m. that same day. In addition to the five to 15 years in state prison, Aviles will serve 1 1/3 to four years on the Criminally Negligent Homicide count.
At the time of the verdict Supreme Court Judge Alfred J. Weiner said that the circumstances of the death were not proven adequately for him to uphold a murder charge. Even though the prosecution was able to show that only Cappellan and Aviles were present during the hours the trauma occurred, the judge said it was not enough to prove exactly what happened.
Aviles’ alibi was that he was too drunk to remember anything. His girlfrind Cappellan was acquitted of all charges and claimed to have slept through anything that happened that night.
Executive Assistant District Attorney Stephen Moore and Senior Assistant District Attorney Patricia Gunning prosecuted the case.