Local News

Aug 15, 2014 10:08 PM by Bart Bedsole - bbedsole@kristv.com

Capital Murder Charge Possible In Infant Death

CORPUS CHRISTI - The man accused of fatally beating his 2 month old daughter Wednesday night could be charged with Capital Murder.

District Attorney Mike Wellborn says in four separate videotaped interviews, Michael Anthony Garcia, 20, confessed to abusing his infant daughter, Layla Garcia because she wouldn't stop crying.

Because the baby died the following afternoon, and because the victim is under 10, Wellborn says the case qualifies for a Capital Murder charge, and he is considering that, although he would likely not seek the death penalty.

The beating happened at the family's trailer in Fulton.

Emergency responders arrived to find the child not breathing, and were able to bring her back temporarily.

Halo Flight was called to airlift her to Driscoll Children's Hospital, but doctors couldn't save her.

A full autopsy was performed Friday to confirm a cause of death.

Wellborn does not expect charges against the girl's mother, who wasn't home at the time.

However, late Friday evening, a CPS spokesman confirmed that the agency did take emergency custody of Layla's 2 year old brother.

Ashley Garcia will have a chance to convince a judge next Friday morning that her home is not a threat to the sibling, and that he should be allowed to return home.

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