Dena Richardson/KFOX News Reporter
Posted: 5:21 pm MDT March 22, 2011
Updated: 2:29 am MDT March 23, 2011

EL PASO, Texas -- An arrest affidavit described Dallas Macias' injuries and alleged a history of abuse at the hands of his mother, Vikki Macias.

Macias, 26, is charged with capital murder in her son's death. She turned herself in to police Monday after a warrant for her arrest was issued.

Her arrest affidavit said an autopsy revealed Dallas Macias died from blunt force injury to the head. It listed the manner of death as homicide.

The affidavit said Dallas Macias had bleeding in the brain and a fractured spine. It also said the child had a healing fracture in his left leg. The affidavit alleged that the fracture was left untreated by Vikki Macias.

On March 12, 2011, Macias took her son to Sierra Medical Center East after she said he fell off a bed, the affidavit said. The child was later taken to University Medical Center and died the next day at the hospital.

According to the affidavit, "Medical personnel who treated the victim state that the injuries sustained are not consistent with a fall from the bed."

“If he was jumping up and down on the bed and jumping in the air off the bed and landing on his head, or if maybe he climbed on something else,” said Justin Underwood, Macias’ attorney, in giving potential explanations for the injuries. “My client was not in the room when this happened.”

Underwood said Dallas was healthy and active in the very moments leading to his deadly injury on March 13, 2011. He said it was a typical Saturday morning in the Macias household. He said Vikki was doing laundry while Dallas played in another room.

“She walked by. He was playing on his bed one minute, and that’s the last time she saw him before she heard a noise and went in, and he was unresponsive,” said Underwood.

He said Macias screamed and attempted to revive him. Within 25 minutes, he said she had taken him to Sierra Medical Center East, a hospital about one mile away from her east El Paso home.

“He was alert at that hospital,” said Underwood. “He was talking to his mother. He was talking to the nursing staff.”

Underwood said Dallas was kept there for nearly 2 hours before being transferred to University Medical Center. Dallas Macias died at UMC the next day.

"Two hours at a hospital for them to send you somewhere else? When it's a four-year-old with a brain hemorrhage? I have a problem with that. I have a real big problem with that," said Underwood. “One of the physicians down there [at UMC] said, ‘What took you so long to get him here?’ That’s not in your police affidavit, and that’s not in your report. But these are facts that will come out because this was a horrible accident.”

Macias’ arrest affidavit also said, "Investigators are in possession of statements and reports that outline a history of abuse by the defendant against the victim."

"Show them to me," said Underwood. "Because this news station, who was first to report it last week, reported that CPS has nothing on them. So these are all allegations."

CPS officials told KFOX the agency is conducting an investigation into the matter, and there is no history of abuse.

As for the autopsy findings that rule Dallas Macias’ death as a homicide, Underwood called it "speculation."

“Doctors are asked in this situation to guess, give us their educated opinion as to what happened. But it’s an opinion. It’s not fact,” said Underwood. “The only person in the world who knows what really happened to Dallas in that room is Dallas.”

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Emphasis added by H4K Editor