Parents of hot sauce victim in custody battle

MARLBORO, Mass. (WHDH) -- The parents of a child who allegedly had hot sauce forced down his throat are locked in a custody battle.

The boy’s father said he is afraid for his son’s safety after the child’s stepfather was accused of abuse.

Jorge Rivera Jr. allegedly forced hot sauce down Gabriel Vaello’s throat after he talked back to him on Friday night. Jorge Rivera was arraigned on Tuesday and held.

Gabriel’s mother, Wined Rivera, said her son had a huge bruise on his face when she got back from a run. She had left Gabriel with her husband, Jorge Rivera.

“He didn’t tell me he choked him. He told me he was trying to give him hot sauce. He didn’t tell me he gave it to him, he just told me he tried,” said Wined Rivera.

Wined Rivera said she has filed for divorce.

“He was badly hurt, but right now he is safe. He is safe. I have never hurt my son. I would never hurt my son,” said Wined Rivera.

Gabriel’s biological father, Miguel Vaello, said he wants full custody of his son and he went to court to get it.

“He must be terrified. He must be scared. The only place I can imagine him is back in the same place at her home where this happened to him. He must be traumatized looking at his surroundings,” said Vaello.

Vaello said he is devastated and has cried a lot.

“He’s lucky that he’s alive, being choked like that with liquids forced down his throat,” said Vaello.

Gabriel’s mother said her son is doing okay and is back in school.

“He’s fine. He’s actually fine. He’s like always, he’s sad, cause he is sad -- because Jorge is in jail. Because Jorge hit him or hurt him. Because of what is going on,” said Wined Rivera.

Gabriel, 7, continues to live with his mother. Both of his biological parents are expected to appear in court next week to address his custody.