The judicial investigation into the death of the 21-month-old baby who died last May in Linares (Jaén), after being forgotten inside a parked car for about six hours, continues in the investigation phase and awaits the resolution of the appeals filed.
The lawyer for the foster parents, Rocío Garrido, told Europa Press that the investigation proceedings have already been completed and that the decision of the Jaén Provincial Court on the appeals filed by the deceased minor's biological parents is now pending.
Likewise, the return of the investigating judge, who has been on paternity leave, is expected in the coming days. Until this happens, the foster father, a 68-year-old man, remains under investigation for an alleged crime of negligent homicide.
The proceedings already include medical reports detailing that on May 17, 2025, just three days before the fatal outcome, the investigated person went to the emergency department of the Linares Hospital, where he was administered antibiotic treatment for pneumonia.
Garrido has insisted that her objective is to prove whether "that disconnection, amnesia, let's call it that, which occurs during those seconds, is caused by that slight lack of oxygen that pneumonia often causes in the brain" as a possible explanation for the tragic forgetting of her client.
Year of "deep pain" for the foster parents
Coinciding with the first anniversary of the events, the minor's foster parents have once again expressed their "apologies" to the biological family "for what they consider 'a tragedy' that has plunged them into 'deep pain'.
In a statement released by Europa Press, they explain that this May 20 has once again become "one of those especially difficult days" that they have been carrying for twelve months.
They emphasize that "a year of mourning, silence, and deep pain" has passed and that this first anniversary of the little one's death has once again "hit" them with "all the harshness of absence."
"There has not been a single day when we have not thought of him and also of his biological family. We know that their suffering is immense," the text states, adding that they are "by their side in their pain, that we think of them a lot, and that we deeply regret not being able to do anything more than to convey how sorry we are for what happened."
They explain that, due to "prudence, respect and the judicial moment" in which the case finds itself, they have decided "to maintain public silence and to reject the possibility of opening our hearts through the media" understanding that "any statement would be inconvenient and untimely".
"Seeking relief in the public exposure of our pain would be unfair and inappropriate. Our suffering is unimportant compared to the only truly irreparable loss of our child," the foster parents maintain.
"The little one remains and will always remain in our hearts. But nothing can change the fact that he is no longer here. That he is no longer here for his parents, for his family, and that he is no longer here for those of us who love and cherish him," the statement continues.
They also point out that "perhaps," when the judicial procedure concludes and "time allows for more serenity," they will find the strength to share their "experiences and feelings surrounding this tragedy."
They clarify that they would not do it to ease their conscience, but "with the hope that, someday, what was experienced can serve to help other people and avoid new sufferings." Likewise, they contemplate it "as a good opportunity to continue valuing foster care, despite adversity," although for now "the pain is still too great."
The couple has extensive experience in foster care for minors. Since 2017, they had fostered 13 children. The letter concludes by thanking "the understanding, respect, and humanity received throughout this time."
Reconstruction of the facts of the day of the tragedy
The man was the one who daily took the little one to daycare around 9:00 AM. According to the National Police, "he took the minor in his car seat every day to daycare, notifying the persons in charge via WhatsApp, so that they would take charge of the minor," once he arrived at the center. It was usual for the caregivers to come out to the door and pick up the child.
On the day of the incident, he took him to the daycare as on any other day, but on this occasion, he did not send the message to the monitors and left the place with the minor still in the vehicle, leaving him in the car without realizing he was still there. Rafael's last memory is of arriving at the daycare, seeing the car in front of him leave, and then resuming his own journey.
When the foster mother went to pick up the child from the daycare center later, she was informed that the minor had not arrived. Upon returning to the family home, the father realized that the little one could still be inside the vehicle.
The woman went into shock and they called 112. The car was parked on a busy street, but the tinted windows prevented anyone from noticing the baby's presence inside.
At 2:55 PM on May 20, 112 received the alert about a small child inside a car parked on Pintor El Greco street. According to initial estimates, the baby had been in the vehicle for about six hours, on a day when the maximum temperatures in Linares reached 29 degrees.
112 immediately mobilized the health services, which dispatched an ICU and an emergency team. The professionals attempted to resuscitate the minor without success, until his death was certified. Local Police and National Police officers also attended the scene.
The baby's body was transferred to the Institute of Legal Medicine (IML), where an autopsy was performed, which determined that the cause of death was hypoxia.