Peter J. Holley and Valentino Lucio - 08/27/2010
A San Antonio man accused of injuring a 3-month-old could face a capital murder charge following the infant's death, authorities said Friday.
Bobby Fernandez, 21, was booked into the Bexar County Jail on Thursday and was charged with one county of injury to a child intentionally causing serious bodily injury. Bail initially was set at $75,000, but may increase, authorities said.
Authorities said the charge likely will be upgraded following the death Thursday of Emerald Rodriguez, who arrived at University Hospital in a coma Tuesday afternoon.
The nature of the relationship between Fernandez and the child remains unclear.
“Given the death of the child, the police will probably recommend a capital murder charge,” First Assistant District Attorney Cliff Herberg said, noting that officers hadn't completed their investigation. “But we have the ultimate charging decision.”
The infant suffered severe head trauma, including bleeding of the brain and bruises to her torso, according to an arrest warrant affidavit
Fernandez told police he was caring for the baby Tuesday morning when she became fussy.
The affidavit says Fernandez told officers that he played with the baby for a short time, but when she continued to cry, he grabbed her around her torso and shook her.
Fernandez also reportedly told police he has an anger management problem.
About 10 minutes after he changed her diaper and made a bottle, the baby suffered a seizure. Fernandez told police she stopped breathing but he didn't call for medical attention until she recovered, the affidavit states.