A California father is speaking out in anger after prosecutors dropped a murder charge against his son’s stepfather as part of a plea agreement, saying the justice system failed his 4-year-old child, who died after allegedly suffering repeated abuse.
The case centers on the 2020 death of Moses Lopez, whose stepfather, Oscar Munoz, was sentenced after accepting a plea deal that reduced the charges against him.
Stepfather Sentenced After Plea Agreement
Oscar Munoz was sentenced this week after pleading no contest to:
- Child abuse
- Willful cruelty to a child
- A three-year sentencing enhancement for inflicting great bodily injury
As part of the plea agreement, prosecutors dismissed the original murder charge.
Munoz received a prison sentence of six years, with the enhancement bringing the total sentence to nine years in state prison, according to prosecutors.
Father Says Justice Was Not Served
Outside the San Joaquin County courthouse, Moses’ father, Felipe Lopez, criticized the outcome of the case.
He accused prosecutors of abandoning the pursuit of justice for his son.
“They gave up,” Lopez told reporters.
He added that authorities had “failed my son,” saying the sentence did not reflect the seriousness of the abuse Moses allegedly endured before his death.
Lopez said no child deserves to suffer what happened to his son.
Child Died After Emergency Call
The investigation began on Nov. 16, 2020, when officers with the Tracy Police Department responded to an apartment in the 3800 block of West Grant Line Road after receiving a report of a child who was not breathing.
Police and emergency medical personnel attempted lifesaving measures before transporting Moses to a nearby hospital.
Despite those efforts, the 4-year-old died.
Investigators Found Extensive Injuries
Court documents cited in the case stated that Moses had numerous injuries consistent with prolonged abuse.
According to a search warrant affidavit:
- Daycare staff noticed an injury to Moses’ left ear in October 2020.
- In November 2020, employees again observed injuries to his ear, chest, and face.
- Staff reported those injuries to Child Protective Services.
When paramedics treated Moses on the day he died, they reportedly discovered severe bruising on the back of his head and neck, along with numerous other visible injuries.
Investigators said the child was covered with bruises across multiple areas of his body.
Munoz Claimed Boy Was Unresponsive
According to investigators, Munoz told authorities that he realized Moses was not moving on the day of the incident.
He reportedly called his parents before contacting 911.
Emergency responders arrived shortly afterward and found the child in critical condition.
Relationship Between Mother and Stepfather
Investigators said Moses’ mother, Camila Pizarro-Vergara, met Munoz in August 2019.
The couple married in February 2020, several months before Moses’ death.
Felipe Lopez said one of the last times he saw his son was during the child’s birthday in June 2020.
He alleged that afterward, Pizarro-Vergara blocked his phone number and social media accounts and prevented him from seeing Moses.
Family Protested Outside Courthouse
Following Munoz’s sentencing, Moses’ family and supporters gathered outside the courthouse carrying signs and protesting the plea agreement.
Relatives argued that reducing the murder charge failed to hold Munoz fully accountable for the child’s death.
Prosecutors Explain Why Murder Charge Was Dropped
The San Joaquin County District Attorney’s Office released a statement explaining its decision.
According to prosecutors, Munoz previously stood trial on a murder charge in 2022.
That trial ended in a hung jury, with most jurors reportedly voting to acquit him.
After reviewing the available evidence and testimony, prosecutors concluded that obtaining a murder conviction at a second trial was unlikely.
As a result, they accepted Munoz’s plea to child abuse resulting in great bodily injury.
The office also stated that it informed Moses’ family before finalizing the plea agreement.
Prosecutor Says Evidence Could Not Support Murder Conviction
Deputy District Attorney Elton Grau addressed the family in court.
He explained that prosecutors are ethically obligated to pursue only charges they believe can be proven beyond a reasonable doubt.
Grau told the family that, despite the tragedy, he did not believe the office could successfully prove the murder charge if the case went to trial again.
He acknowledged how painful the decision was for Moses’ loved ones.
Plea Counts as a Strike
Although the murder charge was dismissed, prosecutors noted that Munoz’s conviction will count as a strike under California’s Three Strikes Law, meaning future felony convictions could result in significantly harsher penalties.
Mother Still Faces Criminal Charges
Unlike Munoz, Moses’ mother, Camila Pizarro-Vergara, continues to face criminal charges related to her son’s death.
Court records show she was scheduled to appear in court for an arraignment following Munoz’s sentencing.
Her criminal case remains pending.
Case Overview
| Detail | Information |
|---|---|
| Victim | Moses Lopez, 4 |
| Defendant | Oscar Munoz |
| Location | Tracy, California |
| Incident Date | November 16, 2020 |
| Original Charge | Murder |
| Plea | No contest to child abuse and willful cruelty to a child |
| Sentence | Nine years in state prison |
| Previous Trial | Hung jury in 2022 |
| Mother’s Status | Criminal charges still pending |
The death of Moses Lopez continues to spark strong emotions among family members and community supporters. While prosecutors maintain that the plea agreement reflected the evidence they believed they could prove in court, Moses’ father says the outcome falls far short of justice for his young son, whose death followed months of reported injuries and allegations of abuse.
