10-week-old baby in Kyle day care died

KYLE, Texas (KXAN) - A 10-week-old boy died early Thanksgiving Day after being sent to Dell Children's Medical Center with severe head injuries from a Kyle day care a week before.

On Monday morning, the Travis County Medical Examiners Office confirmed Benjamin Spencer, only 10 weeks old, died Thursday, though they would not release any other details.

Officers arrested Little Lyons Cub Day Care Owner Christina Lyons, 32, on Nov. 19 in connection to the case after police said she injured Spencer.

Kyle police responded to the day care Nov. 18 after Spencer was taken to the hospital with swelling to the head region. EMS crews told police the boy was unresponsive and was being helped with his breathing.

The boy underwent surgery due to severe head trauma, and the trauma surgeon later told police the infant also had multiple rib fractures.

Lyons reportedly told police she ran the home day care, where she cared for six other children, and was the only adult inside the home at the time of the incident.

The day care owner told police she left Spencer on a sofa in the living area unattended while she used the restroom and said that she saw him on the hardwood floor lying face up when she returned, according to court documents. The round-shaped, mid-sized sofa was reportedly about 20- to 24 inches tall.

Lyons told police she saw swelling on the left side of Spencer's head area and tried to contact several of his family members before then calling 911.

Investigators said last week that the information Lyons gave them about how the child was hurt does not match the injuries the child suffered, and medical officials told police that given the severity and location of the injuries, they were likely not accidental.

The Kyle Police Department and Hays County District Attorney are still investigating the incident.

Lyons was released on bond Saturday, and she is charged with injury to a child.

The Little Lyons Club Daycare was registered in December of 2009 and has had a clean record up until this incident.

The Department of Family and Protective Services notified other parents of the incident and closed the daycare until the investigation could be completed.

No one was available for comment at the home on Monday.

DFPS has a database where parents can examine the backgrounds of child care centers on their website.