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(MTN News-GREAT FALLS) David Hyslop, convicted for killing 2-year-old October Perez in Great Falls, has been denied a new trial.
Hyslop was sentenced to 100 years in the Montana State Prison without parole.
He claims he had insufficient counsel during the trial in 2012.
Hyslop represented himself on Friday in front of Judge Elizabeth Best.
Both of his original lawyers testified during Friday’s hearing.
Judge Elizabeth Best determined that most of Hyslop’s arguments were not supported and she dismissed the petition.
![David Hyslop]()
David Hyslop
(Originally aired June 25, 2014) October Perez was pronounced brain dead at 1:28 a.m. on Saturday, June 25, 2011, due to severe bruising and blunt force head trauma that was consistent with child abuse.
“She died too young, because she was little. She was only two,” said April Hall, October’s paternal grandmother.
David Hyslop, the sole caregiver at the time October sustained fatal injuries, was charged with deliberate homicide and sentenced to 100 years in prison without parole.
Hyslop told investigators he had no idea about October’s death, but then later admitted to “dropping” October.
“No matter what a two year old ever does, no matter how angry you get, there is no excuse to beating a 2-year-old to death,” stated Christina Hall, October’s aunt.
Hyslop’s brother later testified to police that he once heard three solid hits from the downstairs area. That series of noise was followed by October making a gurgling sound. Hyslop told him “I hit her, but I will take care of it.”
“We knew he was being abusive because of what momma told us,” shared April.
April continuously noticed numerous marks on the young girl, but says she wasn’t able to get anyone to pay attention. That is, except October’s father, who was serving in Afghanistan at the time of his daughter’s death.
Michael Arndt confronted October’s mother Kristy after seeing pictures of the girl that showed bruises. This was also after hearing that the girl was missing hair, and even teeth.
“I asked her what was the deal with her teeth and hair missing? She told me ‘oh, everything is fine. She’s alright. She’s okay. And there were no problems there.’ So, I said ‘missing teeth? missing hair? It doesn’t add up.’ It was like talking to a wall basically. There was no effort what so ever to do anything,” shared Arndt.
“This is why Family Services and I had a showdown. They called and told me I had 20 minutes to return her to her mother because that wasn’t enough evidence to take her out the house,” said April.
April also says these conditions should have alerted authorities that something wasn’t right. She says the Montana Child and Family Services Division (CFSD) even visited the home, but found no reason to take any action.
We asked the Division to comment. Officials gave us this statement: “State law prohibits the Department of Public Health & Human Services from commenting on specific child protection cases.”
“Family services was working there all that time, when the teeth and hair started to go missing, and they did nothing,” said April.
CFSD also added: “The safety of Montana’s kids is everyone’s responsibility.”
April says they didn’t do enough to ensure that safety.
“I fought so hard to get her out of there. Between calling Family Services and the Police. In fact, they (police) did a check two weeks before she died. They saw teeth were missing, but they did nothing,” mentioned April.
Doing nothing was the same thing, April says, the mother did — besides calling police when it was too late, and when murder was proclaimed in October’s living space.
“…and I know the mother (is saying) in the end, ‘well I didn’t turn it in because I was afraid they would take my kids away again;’ so, you let him kill her?” said April.
Three years later, the family is still mourning.
“I always think of all the things I’ve missed out on since she died; like her first day of school would’ve been this year,” shared Christina.
“I’d like to tell her that daddy loves her, and I wish I could’ve been there to save her. I’m sorry this had to happen to her. No two year old deserves this – no little girl deserves this,” stated Arndt.
“I’m just so sorry it happened. I feel like I failed her. I really do,” said April.
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