A 38-year-old Lubbock man arrested last week after an eight-hour standoff at a North Lubbock apartment complex during which police officers were fired upon reportedly said he accidentally laid over his 2-month-old son while sleeping three days before then left his dead body at a hospital before running away.
However, a preliminary examination indicated the boy suffered injuries consistent with physical abuse, according to court documents.
David Eric Garcia faced charges of aggravated assault against a public servant and aggravated assault on a family member causing serious bodily injury with a deadly weapon. Both offenses are first-degree felonies that carry a punishment of five years to life in prison.
Garcia’s charges stem from a Lubbock Metropolitan Special Crimes Unit investigation that began about 6 a.m. April 20 when Lubbock police responded to a call about a dead infant at Covenant Medical Center.
Responding officers met with the boy’s mother, Garcia’s girlfriend, who said Garcia carried their son’s “lifeless and limp body” into the emergency room where he handed the boy to a nurse before leaving without explanation, according to a probable cause affidavit.
Detectives saw bruising across the boy’s chest, left arm and left shoulder.
Investigators spoke with the boy’s mother, who said she was at work when Garcia called her about 5:45 a.m. saying their son was not responding before hanging up the phone.
The woman said she called Garcia, who said their son was “not waking up” and she guided him through CPR and told him to call 911. However, she said Garcia reportedly told her he was going to take their son to the hospital.
The woman said she met Garcia at the hospital and saw him leave the child and run away.
Witnesses who were at the home at the time told investigators that Garcia reportedly told them he “rolled over on top of (the boy) when I was sleeping on the couch,” the affidavit states.
However, they told investigators the last time they saw the boy, he was sleeping alone in a bedroom, while Garcia slept on the couch in the living room.
Another witness told police Garcia texted her earlier that morning, about 4:45 a.m., asking if he could go to her house. She said Garcia arrived about 15 minutes later drenched in sweat “acting as though he had just ran to the home,” the affidavit states.
The witness told investigators Garcia appeared nervous and removed his sweater. She said Garcia had a holstered pistol under his clothes.
She said Garcia sat in the corner, staring intently at a mirror on the opposite side of the room. She said Garcia told her, “They’re after me. I need to be ready for them.” She said Garcia told her his infant son was at his home.
Garcia left after about 20 minutes on foot.
A post mortem medical examination of the boy’s body revealed injuries inconsistent with Garcia’s statement that he injured the boy when he rolled over him while sleeping.
Medical examiner staff members found healing fractures on the boy’s ribs, wrist and ankle indicating he’d been injured at least once before. The boy also suffered brain swelling and bleeding around the brain.
The injuries aligned more with physical abuse, the affidavit states.
The boy’s mother told investigators Garcia was the child’s caretaker in the three nights before he died and she hadn’t seen any injuries on her son when she bathed him earlier in the week.
On Friday, the boy’s mother received a text message from Garcia’s phone telling her, “Sorry about the baby. They baby’s death was an accident and he didn’t mean to do it. He was sorry.”
Garcia was arrested Sunday at the end of an eight-hour stand off at a home in the 3100 block of Auburn Street.
Lubbock police officers were dispatched to the scene about 5:25 p.m. Saturday, April 22, after a caller reported that Garcia was armed with a firearm, threatening to kill himself.
Responding officers set up a perimeter around the residence before calling the Lubbock police SWAT team and negotiators at 5:41 p.m.
Two police officers told a detective Garcia reportedly fired twice in their direction. Neither officer was injured.
Investigators found one of the bullets lodged in a wall behind which the officers stood behind, the affidavit states.
Garcia remains held the Lubbock County Detention Center. His bond is set at $600,000.