Lawyer: Mom of girl who died was ordered to give her up

A lawyer for the father of Gabriella Boyd says Cynthia Arce refused to comply with the judge's order Friday

© CBS New York gabriellamariaboyd.jpg

By Crimesider Staff, CBS News
MAMARONECK, N.Y.

The mother of a New York toddler who died was ordered by a judge three days ago to give up the child, but she refused, reports CBS New York. Police were called to the Mamaroneck home Saturday after a 911 call about an injured child.

Police found 28-year-old Cynthia Arce inside the home armed with a knife, and ordered her to show her hands, according to Village of Mamaroneck Police.

"The female then attacked the officers with a knife, injuring two of them," Mamaroneck Police Sgt. Sandra DiRuzza said. "Tasers were deployed, which failed to stop the female. The female was then shot by one of the officers."

Police also found 2.5-year-old Gabriella Boyd in the home in need of medical attention, and started "life-saving measures." Both were taken to the hospital, where the girl later died. Arce is recovering.

It's not clear how the little girl died nor whether anyone is facing charges.

Gabriella had reportedly been staying at her grandmother's home with her mother, who was described by sources to the station as "troubled."

Martin Rosen, a lawyer for the girl's father, Stephen Boyd, told CBS New York he got an order from a family court judge on Friday granting Stephen Boyd temporary physical custody of Gabriella. Rosen said Boyd brought it to police and went with them to see the mother at the home on Friday evening.

"When the police requested the child be given to them, she refused and shut the door," Rosen told the station.

Rosen said he implored police and the district attorney's office to enforce the judge's order.

"Despite my efforts, they took the position they could not enter the house," he said.

Dispatch audio includes a mention of the failed effort to serve the "TOP" -- the temporary order of protection, the station reports.

"Be advised, I had an incident with a TOP last night at that location, regarding the party," the dispatcher says.

Mamaroneck police were referring all questions to Village Attorney Robert Spolzino, who refused to answer questions, citing the ongoing investigation, reports CBS New York.

Rosen said the girl's father is "falling apart at the seams." He said someone failed Gabriella, and must be held accountable.