TX TX - Joshua Davis, 18 months, New Braunfels, 4 Feb 2011 - # 3

[belimom]

I wonder about that too Noway.

That's the only time we saw mention of the "other baby" as far as I can tell. (your previous post on page 8 at the top IIRC)

Also is it just bad reporting as to why we are getting different numbers of adults in the home? I have seen 6 and 7 and 9.

Makes me dizzy to be honest. JMHO

Here is what the mom says - and it matches what Penshorn is saying (7 adults - but the 2 kids is now 3 kids, according to the mom when you throw the older brother into the mix):

GRACE: Who was in the home?

BENITEZ: There was me, his father, his older brother, his godmother, his two grandparents, his father`s friend and his grandpa`s girlfriend.

http://transcripts.cnn.com/TRANSCRIPTS/1102/07/ng.02.html

 

[lillys]

BBM --

Reminds me of a recent local story of a 1 y/o who drowned in the bathtub while mom was on Facebook in another room. Said her son "wanted to be alone", "He was independent and mature" and she "didn't want him to be a mama's boy".

Could this be something of the sort? Did they allow Josh to go out and play and something happened?


Also, in regards to the clothing he was wearing, am I mistaken, or did we get two different descriptions?

YellowSubmarine,
I of course can only guess but imo it's likely this child suffered some type of accident at home. We don't know and can only guess or make some kind of logical theorys.
An 18 month old disappeared from his house....something happened.

I still can't get over the scent dogs not hitting at the house.

 

[Janeumayer]

Uhhhh, wait -- what happened to the several other people they have talked about? PLEASE don't tell me were going to do this "story changing game"!!!

I thought the same thing but I think she meant not counting the people that live there.

 

[krista]

BBM --

Did they allow Josh to go out and play and something happened?

I can't think of ANY legitimate reason that this family would lie to LE about what happened if they KNEW what happened was an accident. Even if they were afraid of CPS, the fact is that accidents DO happen and CPS would take that into consideration.I do find YOUR scenario, YellowSubmarine, to be MOST plausable (if his parents/family is lying).
There was an older boy in the house....a 6 year old, right?? I would think it would be difficult for the 6 year old to lie under questioning from LE. I would think the older child might be the BEST witness....especially if he saw other things going on in the house that might have made the adults less 'aware' of what was going on.
Regardless, I just feel like "we let him play in the yard for 2 minutes and turned around to find him gone'' is just a far better 'excuse' than he disappeared within the house and couldn't have opened the door by himself. That would be making themselves suspects...and everyone in the house suspect. I just think people who are trying to avoid being blamed would think of a story that puts him far away from them....not right in front of their noses. I also have SERIOUS problems with the notion that this little boy wandered that far from the home at night. I just don't see that happening either. MOO.

 

[lillys]

YS the Mom spoke in English to the reporter from Univision. I didn't understand what the reporter had followed up after she spoke.

It was a sound bite not a complete statement as if she were asked a question and that there was a pause and then she answered. Her response was clearly edited (probably for fluidity and for time).

What really caught my ear is what she said:



Could it mean that more than one person came to the home on more than one occasion? (I thought of the rumor and speculation on the thread about people might have been coming and going...rumor and speculation!)

What do you think Janeumayer?

Hi Kat! Rumor and speculation or maybe 'likely'? LE surely has a timeline after talking to the adults who were at the home that night night but.... Who all was at the home when the parents called 911?

 

[Noway]

Uhhhh, wait -- what happened to the several other people they have talked about? PLEASE don't tell me were going to do this "story changing game"!!!

SB (Joshua's Mom): Well, I mean there was only one person that was at the house last time....

Reporter: Joshua's mom assured us that there was only one person at her house the day her son disappeared.

Last time what?
Was this her way of saying only one person was at the house that could have/would have taken Joshua?

 

[krista]

I still can't get over the scent dogs not hitting at the house.

Has it been stated what KIND of scent dogs were used?? SAR or Recovery/Remains?? If something happened to him inside the house that caused his death, SAR dogs wouldn't be able to smell that scent, IIRC......and Recovery dogs wouldn't be trained to track a living toddler walking away from the home.

 

[YellowSubmarine]

My gut tells me that something else was going on inside the home that night. Drugs, probably. I think it's likely they aren't really sure what happened. They were stoned - people going in and out. I agree with others who don't believe that many people could keep this horrible secret if they knew what happened or were involved. That many people in that small of a house had to be up to SOMETHING not to notice where Josh went off to.

I just have the feeling that whatever happened was truly an accident, but because of whatever else was going on, they aren't going to say. They've already lost one child, they don't want to lose the others.

 

[YellowSubmarine]

SB (Joshua's Mom): Well, I mean there was only one person that was at the house last time....

Reporter: Joshua's mom assured us that there was only one person at her house the day her son disappeared.

Last time what? Was this her way of saying only one person was at the house that could have/would have taken Joshua?

I know! My first thought was what was she trying to say or what did they cut off?!?

 

[belimom]

..........

I still can't get over the scent dogs not hitting at the house.

They did get a scent but nothing that helped them very much or that tracked him out of the yard (bbm):

JOSHUA DAVIS, DAD OF MISSING 18-MO-OLD BOY: I don`t think he wandered off. He knows his play zone, and -- they had the scent dogs out here and they said there was no scent of him leaving out of the, you know, yard or anything like that. So I don`t see how he could have wandered off. They said they would have picked something up.

http://transcripts.cnn.com/TRANSCRIPTS/1102/07/ng.02.html

PENSHORN: Yes, we actually had several different types of dogs. Just standard search and rescue dogs, cadaver dogs, bloodhounds from some of our state prisons, each one of them specializing in different type of tracking methods. Although we may have had several locations where we had some interest, not necessarily alerting to some type of a location where the child could be, though.

http://transcripts.cnn.com/TRANSCRIPTS/1102/10/ng.02.html

 

[Jovi Girl]

Has anyone considered that maybe dad, mom, godmother, dad's friend, or any of the adults in the house had an angry ex ?? Let's say one of the guys had a thing with a woman and then it was over, she felt scorned, she knows where he lives/or hangs out. She is out there friday night when Joshua comes out, alone. This person then scoops up Josh and takes him, sort of a "I got something of yours " moment. I don't know...I'm just throwing this out there...

 

[lillys]

I can't think of ANY legitimate reason that this family would lie to LE about what happened if they KNEW what happened was an accident. MOO.

Respectfully snipped.

Hard to imagine isn't it?
I've followed true crime for many years.

I NEVER thought there was a reason to hear about a 6 year old beauty queen being sexually abused, found dead with a skull fracture...found dead, redressed and placed down in her parents basement..but it happened to JBR.

I NEVER thought there was a reason for a man to murder his pregnant wife, who after being murdered was tossed in the Bay only to have the remains wash ashore of both mom and unborn baby. That happened to Lacy and baby Connor Peterson.

There was no reason for a young girl named Jessica Lunsford to be kidnapped from the comfort of her own bed, only to be raped and buried alive by a in FLA.... but things happen that are unimaginable.

There simply is NO legitimate reason for crime to ever happen......... period. But it happens everyday under the worst circumstances to the most innocent of victims.


I hope this precious little boy named Joshua is safe and warm somewhere. But I have a feeling he met with his demise before he was ever removed from his home.

moo

 

[lillys]

They did get a scent but nothing that helped them very much or that tracked him out of the yard (bbm):

Thanks belimom. That makes me feel some better.
Then again that makes me think Joshua was carried out of his yard.........into a vehicle maybe.

 

[belimom]

I can't think of ANY legitimate reason that this family would lie to LE about what happened if they KNEW what happened was an accident. Even if they were afraid of CPS, the fact is that accidents DO happen and CPS would take that into consideration.I do find YOUR scenario, YellowSubmarine, to be MOST plausable (if his parents/family is lying).
There was an older boy in the house....a 6 year old, right?? I would think it would be difficult for the 6 year old to lie under questioning from LE. I would think the older child might be the BEST witness....especially if he saw other things going on in the house that might have made the adults less 'aware' of what was going on.
Regardless, I just feel like "we let him play in the yard for 2 minutes and turned around to find him gone'' is just a far better 'excuse' than he disappeared within the house and couldn't have opened the door by himself. That would be making themselves suspects...and everyone in the house suspect. I just think people who are trying to avoid being blamed would think of a story that puts him far away from them....not right in front of their noses. I also have SERIOUS problems with the notion that this little boy wandered that far from the home at night. I just don't see that happening either. MOO.

bbm

Not specifically talking about this case, but in general I think the first thing that comes to my mind is someone who must be afraid of LE for some reason? Maybe a prior record/on probation, or the accident was a 'spanking' or punishment gone too far, or the 'accident' involved another child the parents want to protect, or the child got into something they shouldn't have (illegal drugs), or CPS has been involved, etc. I can think of many reasons. JMHO

Again, just speculating in general and not making accusations about this case.

 

[katydid23]

No, I agree, and it was based on a study LOL...which I take with a grain or sometimes a huge grain of salt. But I do think it was somewhat accurate, but I can't pin-point the age frame & I wouldn't rely on a study to let my guard down YKWIM.

ETA - The study was in a toddlers age frame if you were say in a park that the child was running free, he/she would instinctively stay within X amount of feet by nature. Not saying if it is true, mind you.

My son always stayed close to me. I don't think he ever ran off when he was little. My daughter was the opposite--always adventurous, always exploring. If you couldn't find her at the park, just scan for the biggest birthday party and she would be toddling over there looking for cake and pinata candy.

In Joshua's case--in my gut I don't believe that he ran off into the night. I believe someone hurt him accidentally and covered, or worse.

 

[sadnpod]

Where oh where is this sweet baby? Maybe tonight.. baby Joshua will be found safe and unharmed...

 

[Soulmagent]

Thanks belimom. That makes me feel some better.
Then again that makes me think Joshua was carried out of his yard.........into a vehicle maybe.

I wondered if he didnt wander out and then get hit by a car.Then he was put into a car and taken. It covers and accident ,a cover up by someone but not all and He still wandered out of the house and his parents would not know anything different.

 

[YellowSubmarine]

I hadn't caught this before -- from NG http://transcripts.cnn.com/TRANSCRIPTS/1102/10/ng.02.html

LT. MICHAEL PENSHORN, NEW BRAUNFELS POLICE DEPARTMENT (VIA TELEPHONE): Exactly. I agree. When you have that many people in a residence, obviously, there are people that probably have information and for whatever reason are not necessarily sharing it with the police.

Sounds to me like Penshorn is saying they think people in the house are holding back info . . . .


Also, re-reading this, it sounds very scripted:

BENITEZ (via telephone): We were all in the house. There was nine people in the house. I was sitting on the bed watching "Toy Story" with my baby. He was wandering from our room to the living room, where the other family members were. When I realized about 10 minutes that it was unusual my baby hadn`t been back in the room to come get a toy, come watch the movie, I jumped up and I ran to the grandfather`s room, where there was another baby that my baby was interested in and asked if he was in there. When the grandfather`s girlfriend told me he hadn`t been in there, so I ran out to the living room and I asked everyone if they`d seen the baby. We started searching, but there was no signs of the baby. I ran out of the house and everyone started looking, and we called the police about 10 minutes because we realized we had no -- nowhere to -- where we hadn`t found him.

We were all in the house - as if to anticipate someone would question that?

There was nine people in the house - Saying an exact amount of people while under an incredible amount of stress, plus reiterating "in the house"?

I was sitting on the bed watching "Toy Story" with my baby - First, who "sits" on the bed to watch a movie, especially an 8 mon pregnant woman? Second, she wasn't watching it "with her baby" if he was running around the house.

When I realized about 10 minutes that it was unusual my baby hadn`t been back in the room - Why would that be unusual with so much other family that could've been playing with him?

Where there was another baby that my baby had been interested in - Who is this baby? Why wouldn't she say "my nephew/niece" or "friends baby" or whatever? Just an odd statement.

I ran to the grandfather`s room...When the grandfather`s girlfriend told me... - What's up with "the grandfather"? Who's grandfather and why no name? IMO, scripted!

so I ran out to the living room - looking at the layout of the house, she would have had to be in the living room to get into the Gpa's room in the first place.

I asked everyone if they`d seen the baby. We started searching - What did "everyone" say? Didn't dad tell her Josh had just been there pulling on his cap? And why did everyone immediately feel foul play? Just seems to me she'd look around for a minute before everyone panicked and joined in the search.


It's funny - there are lots of words used for the simplest statements, yet not many for the ones that should have . . . .

 

[Kat]

Good catch YS. I'm going to have to go back and reread the transcripts now.

 

[belimom]

I hadn't caught this before -- from NG http://transcripts.cnn.com/TRANSCRIPTS/1102/10/ng.02.html
...........
I asked everyone if they`d seen the baby. We started searching - What did "everyone" say? Didn't dad tell her Josh had just been there pulling on his cap? And why did everyone immediately feel foul play? Just seems to me she'd look around for a minute before everyone panicked and joined in the search.

bbm

We're on the same page here. I posted the exact same thing a couple of pages back. I painstakingly laid out that whole scenario because it was bugging me to no end... As well as - where was everyone?!? Penshorn also says "at least two people" were in the main living area, as if it's unclear where the others were, kwim? I think they're getting mismatched stories.

The other thing that is missing here? Not once does she mention that the father said little Joshua was pulling on his beanie/hat. On the previous appearance on NG, the mom actually says this:

BENITEZ: That`s when I realized that the baby hadn`t been -- like it wasn`t normal that he hadn`t been in and out the room. That`s when I jumped up and came to see if he was in the room when I realized he wasn`t in that room. He hadn`t been in the living room. And everyone in the house started looking for him.

http://transcripts.cnn.com/TRANSCRIPTS/1102/07/ng.02.html

Still no mention of the father seeing him.