NORTH MIAMI (CBSMiami) – A North Miami woman is facing felony charges after she allegedly abducted a five year old girl over the weekend.
During her appearance before a judge, 21-year old Kimberly Burgos Lopez didn’t say much. She’s been charged with kidnapping, false imprisonment, luring or enticing a child and interference with custody. During the hearing, her lawyer argued against the felony kidnapping charge.
“It’s our position there is no basis for the kidnapping charge and there’s nothing in this (arrest) affidavit supporting that element,” said Lopez’s lawyer.
The judge disagreed and ordered that she be held without bond.
Lopez is accused of kidnapping Jayda Velazquez from her apartment in North Miami early Sunday morning. CBS4 news was there when she was reunited with her mother, Wendy Montilla, nearly 12 hours later.
“I’m happy, very happy,” she said. “”Worst nightmare ever, that’s the only thing I can tell you, horrible experience,” she said. “I definitely did not think that I was gonna see her again.”
On Saturday, Montilla left Jayda with her uncle, Douglas Trubac, in their home in the 1900 block of Sans Succi Boulevard while she went out. Police said Trubac was fresh out of prison and has been arrested at least 31 times. The uncle reportedly invited friends over on Sunday and Kimberly Burgos Lopez accompanied one of them.
Around 1am, police said Trubac, another man and Lopez decided to walk to a nearby pizza place. Lopez and Jayda left first followed by Trubac and the other man. Investigators said Trubac told them during the walk Lopez and Jayda veered to the left and the two men kept walking straight. When Trubac went to look for them, according to the arrest affidavit, he saw Lopez enter a gated community. That’s when he and the other man lost sight of them. After searching for several hours, the men couldn’t find Lopez or the girl. That’s when they called police
Sunday morning an Amber Alert was issued for the girl.
According to police, Lopez hitched a ride with a man driving by who took her and Jayda to a trailer park near NE 113th Street and Biscayne Boulevard. It’s a place Lopez has been known to stay on and off. Fortunately the man who drove Lopez there told a police officer about it and investigators were able to track her down and recover Jayda.
“I’m relieved, I’m really relieved,” said Robert Rosario, another uncle of Jayda’s.
Juan Carlos Torres lives in the trailer park and did not speak highly of Lopez.
“I can’t believe she has a kid pretty much the same age, she was always in the street, an alcoholic,” said Torres.
Torres said Lopez has a daughter who looks a lot like Jayda. Police said that Lopez voluntarily gave up custody of her daughter to a family member in order to move in with her boyfriend. Police say there is a history of domestic violence between Lopez and her boyfriend. The Department of Children and Families confirms it has a history with this mother, but would not elaborate.
Investigators still aren’t sure what she planned to do with Jayda. According to the arrest affidavit, when she was asked why she took the little girl, Lopez replied she couldn’t remember.
CBS4′s Peter D’Oench asked North Miami Police Major Neal Cuevas about the motive for the abduction.
“Did Lopez’s daughter look like the 5-year-old girl in this case, is this part of it?” D’Oench asked Cuevas.
“According to neighbors, there is a resemblance,” said Cuevas. “Whether or not that has anything to do with it, we’re not sure.”
D’Oench also reached out to Jacqueline Lopez, the mother of Kimberly Lopez. “I don’t want to be involved with this case or in the news or say anything at all.”