Pedro Gaucin-Canales, 36, and Rebecca Hernandez-Velasco, 19, are each charged with first-degree felony murder in the death of Josue Contreras-Velasco, who is the brother of Rebecca.
The charges read in today's video hearing allege the boy died of hypothermia after being held naked in a trash can of ice water for 45 minutes in the kitchen of the restaurant at 340 S. Main Street. Charging documents say the ice water was used as a disciplinary measure.
Defense attorney Steven Shapiro, appointed by the court to represent Rebecca Hernandez-Velasco, told reporters the case is a "family tragedy" that has been "exacerbated by an over-charge."
Shapiro contends the case should have been charged as a lesser child abuse homicide, which can be either a second- or third-degree felony, and implies that death was not intentional.
The two defendants are Mexican nationals who Melting Pot representatives say provided the proper documentation to work in this country. Meanwhile, immigration authorities have placed a hold on them and could deport them if they are convicted.
They are to appear in court again on Aug. 6 before 3rd District Judge Sheila McCleve for a scheduling hearing.
They remain in jail in lieu of $1 million bail each.


