Action 4 Investigates - Father seeks justice for alleged rapes

Gustavo Garcia

A Rio Grande Valley toddler will soon turn 2 years old but it's not known who her father is.

An Action 4 News investigation reveals he could be one of three men charged with raping the baby's mentally challenged mother.

The men charged are alleged step family members of the mentally challenged woman.

Her biological father spoke to Action 4 News, expressing frustration over what he believes to be a delay in justice for his grandson and disabled daughter.

Gustavo Garcia described his grandson as a healthy baby, full of laughs and with big blue eyes that can melt the heart.

He said his grandson will celebrate his second birthday in May.

It TMs an occasion that should bring joy but instead brings grief.

Garcia said his grandbaby was conceived when his mentally challenged daughter was raped.

The Hidalgo County District Attorney is now waiting on DNA results.

Action 4 News chose to protect the baby's identity.

"I didn't know that people could be so backwards, said Garcia, I thought we were already living in civilized ages. That to me is beyond animalistic."

Garcia said the abuse against his daughter lasted for years.

"Using her for whatever they wanted, said Garcia, If they wanted to play horse, they'd ride her. If they wanted to rope a horse, they'd rope her. If they wanted to have sex, they'd have sex with her."

Michael Anzaldua Jr. and Mark Anzaldua Jr. are charged with three counts of rape against the disabled woman.

Michael Jose Anzaldua is charged with six counts of rape against her.

Elvira Anzaldua is charged with six counts of failing to protect the victim, her own daughter, from being sexually assaulted by a family member.

All four are free on bond.

With Garcia's grandson growing by the day, Garcia doesn't understand how the four could still enjoy freedom.

Action 4 News went to Hidalgo County District Attorney Rene Guerra for answers.

Guerra explained the first outcry was made in 2009 when the mentally challenged woman was discovered pregnant.

Guerra says investigators then had to wait for the baby to be born to get a DNA sample.

He says the average DNA test can take up to five months.

With three men accused, Guerra says the case is on schedule.

Still, Garcia said he wonders how many birthdays his grandson will celebrate until the alleged father is held responsible.

He said he wonders when his daughter will have proof that those who do wrong do get punished.

"She understands freedom, said Garcia, She understands that nobody has done anything to them. She understands that they have girlfriends, and they go out, and that her mother is enjoying not having to take care of her, because she felt that she was a burden to that family."

Action 4 News tried contacting each attorney for the defendants but either received an answer of no comment or no return call.

Another hearing in this case is scheduled for late January.

Guerra said a gag order is now in effect on the case.

Count on Action 4 News to continue following its developments.