A Wicked World

This Case Will Outrage You!- The Story of Misty Delatorre

Cassie Season 3 Episode 18

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0:00 | 11:41

WARNING: The details of this case that are discussed within this video may be very explicit.  
The material contained in this video is intended for educational purposes.    


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Records show Seville called 911 reporting his daughter was not breathing. Misty was airlifted to UNC Chapel Hill and died a few days later. In court, prosecutors said doctors documented that Misty had injuries comparable to a bad car crash.

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The story I have for you today is about a baby girl who died while in the sole care of her father. The same man who had just gained custody of her three days prior. This is the story of Misty De La Torre. Misty Lou De La Torre was born on May 31, 2022, to her mother, Alina Della Torre, and her father, Gabrielle Seville, in Moore County, North Carolina. Misty was a happy and determined little girl. She also had an older sister whom she adored. Misty's mother Alina had met the little girl's father, Gabriel, on a military chat site in 2021. Gabriel was in the army and he was stationed in Fort Liberty, North Carolina, while Alina was preparing to join the military herself at that point. But it wasn't long after she met Gabriel that these plans would completely change when she became pregnant with Misty. Following this, Gabriel questioned paternity of the little girl. So when Misty arrived prematurely in May of 2022, Gabriel got a DNA test done. When the results from this came back and it confirmed that he indeed was her dad, Gabriel served Alina with custody papers. This was around August of 2022, and at the time, Alina and her daughters were now living in California, while Gabriel was still stationed in Fort Liberty. While a more permanent solution for Misty's custody waited to be determined by the courts, Gabriel would be allowed visitations with his daughter. Then on February 7, 2022, a judge would award primary custody of the little girl to her father, with both of her parents now sharing custody in six-month intervals. During this custody court hearing, Misty's mother had even pleaded with the judge to not award him custody of their daughter. Because the last time that she had come back home to Alina in December of 2022, the mother had noticed bruising on her daughter's face. Alina had then brought the baby girl to her pediatrician who called the marks highly suspicious. However, the judge in the custody case seemed to be more concerned with the benefits that the military could provide for little Misty while she was in her father's care. Like I said, at this point, Gabriel was living on the Fort Liberty military base in North Carolina, and he was now married to and living with another woman. They had a child together who was close in age to Misty. And this other woman also had a son from a previous relationship who was eight years old and also lived in the home. Now, just three days after Misty's father, Gabriel, was awarded custody of her, on February 10th, he was calling 911, saying that the eight-month-old had been vomiting, then fallen unresponsive. Once emergency services arrived at the home, little Misty was rushed to a hospital in Fayetteville. But due to the severity of her injury, she would then need to be airlifted to the University of North Carolina Chapel Hill Hospital, where she died a few days later on February 13, 2023. An autopsy ruled that Misty had died of blunt force trauma to her head and neck. The eight-month-old, who had also tested positive for COVID-19 at the time of her death, had brain and eye injuries. The coroner said that her eyes were actually full of blood. She additionally had abrasions and contusions to her chin, eyelid, and cheek. The trauma on little Misty's body was comparable to that that would be received in a high-speed car accident. Additionally, the hemorrhages to her brain, eyes, neck, and spine were hours to days old. Misty's manner of death was determined to be a homicide. Due to the medical examiner's report, the Department of Social Services opened an investigation into Misty's death in April of 2023. Once they did, they would also remove her father Gabriel from his home in Fort Liberty due to safety concerns for his six-month-old child and his eight-month-old stepson. He was removed from the home and the children weren't removed from the parents' custody because it said that his wife was not home at the time that 911 was called for Misty. Now, according to Gabriel, he had done absolutely nothing to cause any harm to his daughter. He claimed that the little girl just hadn't been feeling well that day, and she had vomited. When this happened, he had to slap her on the back to clear her airway, and that's when she had fallen unresponsive. The thing is, according to the medical examiner, Misty had died from injuries that were highly associated with abusive head trauma in infants. And she had been alone in the home with her father when these injuries had occurred. Regardless, for over a year, Misty's family had to fight to see any arrest be made in connection with her death. Misty's grandmother, whom the little girl was named after Misty Bray, said that her granddaughter was so innocent and didn't even have her first tooth yet at the time that she died. She continued by saying, I just want justice. Somebody needs to be held accountable. Disgusting.

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She remembers her granddaughter as determined.

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She was like three months premature. So um she um came out tiny but mighty, we called her. So she just came out fighting. Now she will keep fighting for her. I have to, my daughter has to, we have to stand up. We're waiting every single day for a call, and it never comes.

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Alina De La Torre is the baby's mother who now lives in California.

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My home doesn't feel complete without her. It feels like no matter how hard I try, it's not complete.

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Then finally, in May of 2024, Misty's father Gabriel was placed under arrest and charged in connection with her death. He was charged with unpremeditated murder, involuntary manslaughter, and DV. The DV charge was not in relation to Misty, however, it was in relation to another one of Gabriel's relatives. And it's been said by Misty's relatives that this was actually in relation to his eight-year-old stepson, who had claimed that Gabriel had hit him with his military belt on multiple occasions. Once the child service investigation was also opened following Misty's death, it was discovered that Gabriel's other daughter, who was only six months old at the time, had rib fractures. Gabriel would go to trial on his charges in January of 2025, during which time his defense would argue that their client had never done anything to cause any of the injuries that Misty had suffered. Instead, they claimed that the medical intervention that was needed to try to save her life was what caused many of those injuries. They also made the claim that since the little girl had been found to be sick with COVID-19, this may have been a factor in her death. But the thing is, even if Misty did have some sort of bleeding vulnerability or some clotting abnormality, as the defense was trying to suggest to the jury, the chances of her spontaneously having so many bleeds in different locations at the same time to simulate her massive head trauma with no bleeds anywhere else in her body is essentially zero. This was according to the medical examiner's report. The court would also hear how Misty's father Gabriel had texted his wife shortly before the 911 call was placed that day. In these text messages, he was complaining about how his head hurt and how the eight-month-old would not stop screaming. Then, when the 911 call itself was played in court, Misty's family members had a very difficult time listening to it. They learned that while Gabriel was on the phone with emergency operators being instructed how to perform CPR on his daughter, he was also texting his wife at the same time, making them wonder if he was performing CPR on her at all. But regardless of all this evidence, much to everyone's surprise, at the end of Gabriel's trial, which was held in military court, he would be found not guilty by a jury, and he was released on his own recognizance. Misty's family, of course, was outraged by the verdict, and her mother, Alina, said that the military failed her daughter. She continued by saying, I'm angry. I feel like they failed Misty. Now he gets to live his life as if Misty never existed. The evidence was there. The prosecuting team did their job. The jury just didn't do their jobs. We came here for closure and justice, but I feel like we were just a joke to them. Like we don't matter. Misty didn't matter. I feel like the army failed me and failed Misty and are just protecting their own people. Alina also said about her little girl, whose bedside she had rushed to that day in February when she had received the phone call. I can't ever forget the cold feeling that I felt holding her hand. Additionally, the little girl's mother now intends to pursue a civil case against Gabriel Seville for Misty's death, saying that she and her family will never give up on justice. Making things even worse for them, Misty's family was also charged with simple assault for a brawl that had happened at the hospital once they learned of the baby girl's injuries. Apparently, these charges were brought against them by Gabriel. However, there's no word on the current state of those charges. Thank you for listening to Misty's story today. It's so upsetting that her father did not get held responsible for her death when this baby girl had so many injuries to her body. I feel like I just keep hearing more and more stories lately where the perpetrators of these awful crimes against children are not getting held responsible. And it's just so unbelievable. What do you think about this case? So if you like true crime and you want to hear it from me, then don't forget to hit that subscribe button below. And turn on your notifications too, so you'll know when I upload a new video, which is at least three times every single week. Thanks for watching a wicked world today. Until next time, take care, guys. Bye. Thank you to all the patrons of a wicked world. Now there's even more of a wicked world on Patreon. So check it out on patreon.com/slash a wicked world. Or use the Patreon app. You'll have access to exclusive videos each month and more. Any support truly helps to make sure the victims are never forgotten and to highlight the shortcomings of society associated with each case. Do you have a suggestion for a story you'd like to see me cover? If so, send me an email to a wicked world true crime at gmail.com.