Man sentenced for false imprisonment of child in Ocean Beach

SAN DIEGO (FOX 5/KUSI) -- Superior Court Judge Dwayne Moring on Wednesday sentenced Christopher Higginbotham to two years in prison for false imprisonment of a child.

But prosecutors said the child's anxiety might last longer, according to what the family told them.

Prosecutors say in March, Higginbotham tried to grab an eight-year-old outside the child’s family business in Ocean Beach.

“This is like a wake-up call for me, a serious crossroads in my life,” said Higginbotham, who pleaded guilty to felony false imprisonment.

From in custody, Higginbotham learned his fate.

Deputy District Attorney Eva Kilamyan said the boy still suffers mental anguish.

Kilamyan said, “in speaking with his father, he does not want to go to school, he does not want to go outside, he is looking over his shoulder, he’s having nightmares at night.”

Kilamyan said in March, the family and owners of the Newport Quick Stop Liquor and Deli in Ocean Beach were hanging outside the business's front patio. That is when, prosecutors say, Higginbotham attempted to run away with their son.

Surveillance video from the business showed Higginbotham walking past the store and out of the frame so he was no longer visible. Then shortly after, the video shows Higginbotham reappear and grab the child. That is when the father tries to stop Higginbotham, and people nearby also jump in to help free the child. We then see the child walking back to the store, hugging someone in comfort.

“That behavior was completely unacceptable and out of the norm,” Kilamyan said.

Prosecutors said in April, Higginbotham pleaded guilty to false imprisonment. Higginbotham told the court during his sentencing, he mistook the child for his son.

“That is not to say that I lean on that as an excuse, I fully accept responsibility for my actions. I was greatly mistaken, I am very deeply sorry,” Higginbotham said.

Higginbotham’s 12-year-old son Orin Valinor, and mother of his son, Kazia Valinor, attended the sentencing. They said Higginbotham does not live with them but often hangs around Ocean Beach and has experienced homelessness and substance abuse.

The mother and son said they had not seen Higginbotham since before Christmas. They too said they believe Higginbotham mistook the victim for Orin.

“In the video, it shows a boy who has short brown hair. He even has glasses on. How do you think that Chris made the mistake between him and Orin?” FOX 5/KUSI asked Valinor.

“The boy was short stature, similar stature to Orin. Also, Chris had been running up behind him and it was nighttime. He said he was confused,” Vilanor answered. “Also, the boy was wearing clothes that Orin generally would wear, even though the boy had dark hair. It just seemed obvious to me."

“I think blaming it on a mistaken identity is not really accurate. I do believe that he knew what he was doing and he should have at least checked to make sure who this child was,” Kilamyan said.

Kilamyan said Higginbotham admitted to being under the influence of LSD at the time of the incident. However, said that his past criminal history of assault plus with him unsuccessfully completing mandatory rehabilitation, meant this time he would have to serve prison time.

“While I understand the defendant's struggles with substance abuse, it does not excuse his behavior,” Kilamyan said.

Moring laid out concerns about the sentencing. In court, he stated that he’d rather see Higginbotham serve his time in custody followed by mandatory supervision, to properly rehabilitate. Mandatory supervision was not part of Higginbotham’s sentence.

Vilanor and a behalf of the victim’s family, which Kilamyan relayed to the court, they hope time in prison will help stabilize Higginbotham. His public defender said they will offer him housing and substance abuse resources when he is released.