Family of slain toddler responds

INDIANAPOLIS (WISH) - The family of a slain toddler is responding to surprising information released Friday in court documents.

It's a traumatic time for the grandmother of three-year old Carmen Ellis.

Carmen was three years old. She loved watching Dora the Explorer, singing with the radio, and riding her pink Jeep.

Jose Cruz admits he beat the child mercilessly - even after the baby lost consciousness and began convulsing. He said he was angry because Carmen had soiled her pants.

The probable cause affidavit reveals the baby had "severe bruising to her face, legs, and back." A pediatrician at Riley Hospital for Children at IU Health told police he knew immediately the injuries were "non-survivable."

But in court Friday, Cruz expressed concern not for the baby's family, but for himself. Cruz told the judge he thought he had a week to live because there was a hit on him. The judge told him that was unlikely in solitary confinement.

When 24-Hour News 8 told Tina Ellis, Carmen's grandmother, that Cruz was afraid for his safety she responded, "As well he should be. Anybody that harms a child should fear for their life."

But the affidavit reveals disturbing information about Ellis' daughter Samantha. Police say the Samantha Ellis, Carmen's mother, suspected Cruz was beating her child but the affidavit reads: "Samantha was afraid to take Carmen to the hospital by herself for fear that Jose would be mad at her and take it out on her."

Tina Ellis says her daughter neither expressed fear nor suspicions about her boyfriend, Jose Cruz. When asked if it's possible her daughter, Samantha, failed to protect Carmen from Cruz, Tina answered, "I don't know."

What she does know is that next week she will have to bury a baby she loved dearly. And she's comforted in her belief that Carmen is in a place where she suffers no more.

"I know she's up there looking down on us, and she knows that we all loved her," said Tina.

A private funeral will be held Tuesday, Aug. 28. Tina says the family needs help with burial expenses.

Donations to the Carmen Ellis Memorial Fund can be made at any PNC Bank, or can be mailed to PNC Bank, 6505 West Broadway, McCordsville, IN, 46055.

As for Cruz, his pre-trial is scheduled for Nov. 14 with a trial date of Nov. 19.