Father of accused killer: Grandson belongs with victim's family

Father of accused killer says grandson should be with victim's family

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A child custody case being fought between the family of an accused murderer and the family of the murder victim is taking a turn -- the father of the murder suspect is speaking out in favor of the victim's family. 

Deputies arrested 34-year-old Kristofer Gould back in August in the killing of Jorgete Acarie. Investigators said he shot Acarie 14 times as she lay in the same bed with the couple's baby. The two had years of domestic violence complaints, according to authorities.  Now, the fight over who will have custody of their 2-year-old boy continues, as the mother of Gould is attempting to take the child from the sister of Acarie.

Phillip Gould adores his grandson, Kristofer Acarie Gould.  The child has been staying with his maternal aunt, Viviane Acarie, since his mother's murder.

"He speaks Portuguese, he speaks English; there are other little children at his aunt's house now that are close age with my grandson, and that's the only family he knows," said Gould.

But he is concerned, because his son wants to give custody of the baby to the paternal grandmother, Diann Allen.   Phillip Gould and Allen were once married but are now divorced.

"In this case, my son wants to do it with his mother, and my grandson doesn't even know her," said Gould.

The father of the child is currently behind bars, formally charged with the murder of the child's mother.  Investigators said it happened as their baby boy was in the same room.  They found him covered in blood.

"I'm concerned he will be uprooted from the family he knows right now, which is the Acarie family, and be placed with his grandmother, who he does not know, and experience another traumatic event,"Gould said.

The Department of Children and Families (DCF) supports the child staying with his aunt. However, Gould points to a loophole in the law which gives parents the right to decide who has custody of their children.  He's writing local lawmakers to change that, saying, "I'm hoping the judge takes that into serious consideration and not allow this loophole, this law, to supercede DCF's recommendations, and that's my biggest concern."

According to DCF, ultimately a judge will decide what's best for the boy. 

Gould said he plans to fight his son in court, adding, "If he is guilty of this crime, I think it's so absurd how can he have the right to say now what happens to his son." 

FOX 35 attempted to contact Diann Allen by phone, but we were unable to reach her for comment.  A custody hearing takes place on February 14.


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