New Mexico Parents Sue Day Care Provider Following Infant's Choking Death

A family in Tijeras, New Mexico, is suing the owners of a state-sponsored day care center after their one-year-old son, Micah Tran, died from choking. The civil wrongful death lawsuit targets Crystal and Ricardo Romero, the providers of New Mexico Early Learning Academy. The suit seeks damages and asks whether safety warnings raised by former staff were adequately addressed before the child's death.

Former employees Daisy Gutierrez, Angela Barela, and Nataly Booth told investigators they alerted the Romeros to ongoing staffing and sanitation issues. Gutierrez resigned four months before Micah's death. She described the classroom conditions as poor, noting that water cups appeared moldy and infant feet were stained black from crawling on dirty floors. The workers said the complaints remained unresolved for weeks.

State records show the Early Childhood Education and Care Department cited the provider 11 times in 2026 across three locations in Bernalillo County. These citations covered violations related to sanitation, maintenance, and housekeeping. Inspections also documented overcrowded classrooms. At the Tijeras location where Micah died, inspectors found 18 children in a classroom twice last year. State regulations limit infant and toddler classrooms to 12 children and require one teacher for every six children. Former staff reported working at ratios as low as 1:13, while Gutierrez said she was promised a 1:4 ratio during orientation.

Department Secretary Elizabeth Groginsky acknowledged the tension between maintaining service and enforcing strict standards. She noted that Tijeras serves a large number of children and that closing the entire center could place other families in difficult situations. Groginsky stated that the department investigates every complaint thoroughly. She also clarified that Gutierrez is no longer on the department's advisory council, contradicting earlier reports that suggested a lack of thoroughness in some investigations.

Internal reviews and staff reports highlighted additional concerns, including children left in spoiled diapers, injured children, and kids playing in the snow without jackets. Inspectors also found that administrators did not display required inspection reports. In one instance, a stack of reports was found that staff had not provided to parents or the state during a personnel transition. Video footage obtained from former employees further illustrated the ratio problems in the classrooms.

The Bernalillo County sheriff's office has not filed criminal charges in Micah's death. The family's civil suit focuses on the provider's liability. This week, the center sent a message to parents announcing a new monthly menu with age-appropriate food for infants and toddlers. Former employees and previous menus indicate that six-month-olds had been served nachos and carrot sticks. The change follows the public scrutiny of the center's operational practices.

Crystal and Ricardo Romero did not respond to repeated requests for comment regarding the lawsuit or the specific incidents cited by former staff. The center continues to operate while the civil case proceeds. The state department has not announced any new inspections or policy changes specific to the Tijeras location beyond the existing enforcement actions.

The lawsuit marks the first legal challenge to the provider's liability following Micah's death. The case will determine if the 11 citations and staff complaints constitute a pattern of negligence that contributed to the infant's fatal accident. The family's attorneys have filed the documents in Bernalillo County District Court, initiating the discovery process where further evidence regarding staffing and safety protocols will be exchanged.