Published Saturday, March 6, 2004 ALFREDO MONTES DEATH
Chouquer Sentenced in Beating Death of Toddler
The killer of 2-year-old Alfredo Montes accepts a plea bargain for a 35-year sentence. By Suzie Schottelkotte The Ledger suzbiz@yahoo.com
BARTOW -- Richard Chouquer will spend the next 35 years in prison for the 2002 beating death of 2-year-old Alfredo Montes, whose battered body was found among the trees along Interstate 275 in Tampa.
He pleaded no contest Friday to charges of second-degree murder and aggravated child abuse in a deal worked out with the state. Prosecutors had offered the plea agreement last August but intended to withdraw it if Chouquer didn't accept its conditions by Friday.
Prosecutors had been seeking the death penalty against Chouquer, 25, who was indicted for first-degree murder in the child's death and had confessed to the crime after his arrest. Assistant State Attorney John Aguero said the state offered the plea deal in part because of Alfredo's mother's involvement in the case.
Jeanna Swallows, the boy's mother, had left her son and then-4-year-old daughter, Rheyna, with Chouquer and his girlfriend, Amandy Lawrence, three days before the little boy disappeared, according to authorities. They alleged that Swallows, and later Lawrence, left their children with Chouquer so they could use methamphetamines.
"A jury could have had a hard time with that," Aguero said. "They could have blamed Jeanna for her son's death. I don't think a jury would have set Chouquer free, but they might have come back with manslaughter, which only carries 15 years in prison. We didn't want to take that chance."
At the same time, Chouquer had confessed to killing the little boy July 1, 2002, because the child had soiled his pants, and he helped to lead authorities to the body.
Chouquer said nothing in court Friday as Polk Circuit Judge Dennis Maloney accepted his plea and imposed sentence. After the hearing, Assistant Public Defender Howardene Garrett read a prepared statement in which Chouquer said he accepted responsibility for his actions.
"In some ways, his exasperation was understandable," she read, "since he had been left with the care of four small children for three days straight, while the mothers of the two children were off binging on methamphetamines, and he had had to miss work when they didn't show up to care for their children.
"However, Richard also knows that it was inexcusable, and by this plea, he wants to make it clear that he accepts full responsibility for his actions and is prepared to pay the penalty, with 35 years of his life."
His comments stand in contrast to his actions following the little boy's death. Chouquer told authorities he put the child's body in the trunk of his car and drove to Tampa, where he dumped the body in the woods near Interstate 275. Nearly a week would pass before a motorist noticed the bundle. Alfredo's body had been wrapped in a "101 Dalmations" blanket.
After dumping the body, Chouquer and Lawrence fled the state and ultimately stopped in Utah, where they were arrested just days after Alfredo's killing.
During Friday's hearing, Aguero said Chouquer had been cooperative with law enforcement upon his arrest and admitted his involvement in the killing. He said the crime wasn't premeditated.
"He became exasperated and lashed out at Alfredo Montes," the prosecutor said. "There was no indication that Mr. Chouquer ever abused children in the past. He never said he didn't do it or tried to put the blame on anybody else."
Chouquer appears to be remorseful, Aguero said, and had no significant criminal history before now.
Current state laws require that inmates serve at least 85 percent of their sentence, which means Chouquer will be nearly 53 before he would be eligible for release. He also will receive credit for the 20 months he's spent in jail awaiting trial.
For Swallows, who left the courtroom dabbing at tears Friday, that might not be long enough.
"I still worry about the other children out there," she said after the hearing. "I fear for any children around him."
Swallows said she's turned her life around since her son's death. She said she's not using drugs, is working at a fast-food restaurant and is expecting another child later this spring.
"This brings some closure," she said, "but nothing will take away the pain."
Her daughter, Rheyna, now 6, remains with family members, but Swallows is still trying to regain custody. Lakeland lawyer Merette Oweis, representing Swallows, said the child is still grappling with her brother's death, which has delayed the custody transfer.
"We are working at the child's pace," she said.
The fallout from Alfredo's death stretched beyond those who were present when he died. Lawrence, 24, was convicted of being an accessory after the fact for her involvement in disposing of the child's body and spent nearly a year in the Polk County Jail. Prosecutors initially considered criminal charges against Swallows for leaving her children, but they later determined there wasn't enough evidence to pursue a criminal case.
Alfredo's murder sent shockwaves through local offices of the state Department of Children and Families, which had been investigating Swallows and Alfredo's home life when the little boy disappeared. Former child abuse investigator Erica Jones pleaded guilty in September 2002 to falsifying records in the case and was sentenced to three years of probation. By the end of the year, eight DCF employees had been fired or forced to resign, including district administrator Sue Gray.
State DCF Secretary Kathleen Kearney resigned not long after Alfredo's murder.
The Montes case was one of several reasons cited for the shake-up.
