Atwater parents charged, mother makes first court appearance in death of baby

Wednesday, February 11, 2026
ATWATER, Calif. (KFSN) -- The parents of an Atwater infant who was found dead in their apartment are now both behind bars, each facing abuse of a child and murder charges.

The infant's mother, Jasmine Polk, made her first appearance in court Tuesday after her arrest early Monday.

Polk's family was in the courtroom on Tuesday and spoke to Action News before her arraignment. They identified the late baby as 4-month-old Devonte.

"He was a cute little baby. Everytime I would see him, he would make me smile with his little smiles. I'm very heartbroken," said Rebacca Aguilar, Polk's aunt, through tears.

Devonte's father, Maleek Ali McIntyre, was previously arrested in connection to the death. County officials said his arraignment hearing was extended to next week.



"It's very tragic to the community. We've seen it covered and anytime there is a child victim involved, it obviously requires a certain amount of attention," said Merced County District Attorney Nicole Sylveira.

Action News went back to the neighborhood where McIntyre and Polk lived with Devonte on Tuesday. A single sheet covered the window of the apartment where the infant was found dead on January 23, and the neighborhood was quiet and gloomy, matching the mood of neighbors still in shock from the tragedy.

"It's pretty sad -- we have the view from the dumpster, and we just seen all the baby stuff in the dumpster. Not because he outgrew it - but because of what happened," said one young mother living in the same apartment complex, who asked to remain anonymous.

Devonte's relatives spoke through tears about the innocent child Tuesday.

The heartbreak doesn't end there for Polk's family. They say seeing her in court and learning that her case was set for a future preliminary hearing was also difficult. Augilar explained that Polk has a learning disability.



"She doesn't need to be in there. She needs to be with her family. You know, that was her baby, that was her first. She don't deserve this at all," said Aguilar.

Officials with the Atwater Police Department say the whole situation has been incredibly tragic and want anyone struggling with the stress of parenting to reach out for help when needed.

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