Michigan criminal defense attorney

Macomb County Grandmother’s Murder Conviction Stands

Truth or lies

What would you do to protect your child?

Would you risk your own freedom so that your child could have theirs?

After three mistrials and a conviction, the Michigan appeals court has affirmed Terry Borgia’s conviction. Terry Borgia is convicted of the murder of her 4-year-old grandson, DeAngelo Tobia. This is the same grandson that she helped bring into the world.

I reported on this story a year and a half ago. In that article, I introduced this Clinton Township grandmother and the questions this trial, or rather these trials, seemed to bring up. Today, we are revisiting this case since the Detroit Free Press reported Terry Borgia’s conviction was affirmed by the Michigan Appeal Court.

Although she never made a confession according to CBS Detroit, she made incriminating statements like saying she “snapped”. When I wrote about this story in April of 2013, I reported that she had told six different stories to authorities and implicated herself. Here is one of those stories according to CBS Detroit,

“Terry Borgia told police that she put the pajama-clad, sleeping boy in her bathtub full of water and left him unattended, but she didn’t say she drowned him.”

Truth or Lies: Was Terry Borgia Only Covering For Her Daughter?

It quickly came out that Terry Borgia was not the only adult in the home when DeAngelo was drowned. Terry’s daughter, Tonina Borgia, was also there. Terry’s criminal defense attorney believes Terry to be innocent and that she was covering for her daughter.

The prosecution noted that there was no evidence to charge Tonina with.

Vicki Borgia, sister to Tonina and Aunt to DeAngelo, testified that she did not believe her mother killed her nephew. According to the Detroit Free Press, Vicki testified that she believe someone else killed her nephew and that it was reasonable to assume that her mother had it in her to cover up and protect one of her sisters.

Vicki testified further about her sister’s mental state saying that she was “off the wall” and sometimes referred to their mother as a “white Nazi”. Vicki also told the jury that her sister confessed to her that she killed DeAngelo, however, her sister wasn’t on medication when she confessed.

When asked if Vicki thought either women was capable of killing DeAngelo before the day he died she reported, “No, I don’t”.

Terry Borgia was convicted of first degree murder, and that sentence is carried out with a mandatory penalty of life in prison without parole.

What Was Different About the 4th Trial?

One trial was dismissed as a mistrial and another ended in a deadlock jury. So what was different about the fourth trial?

Tonina Borgia, the sister believed by many to that have actually killed DeAngelo, was expected to testify but she never appeared. Instead, the jury was read the transcript of her testimony from the last trial.

What the Judge Believes

In another article by the Detroit Free Press, Macomb County Judge Peter Maceroni, the judge to oversee the case the entire time, spoke out. He was also the one to deny a defense motion for a new trial prior to sentencing.

After 23 years on the bench, Maceroni said that this was “by far, the most difficult sentence I ever had to impose,” and “although the jury saw it one way, case law says even if the court feels the other way, you can’t do anything about it.”

The Murder Conviction Stands – What Do You Think?

Was justice done? Was this a case of a mother covering up for her child? Was the truth revealed? Please share your thoughts in the comment section below.

This article was published on: October 24, 2014 and was last modified October 24, 2014