Day care owner indicted in baby's death

KYLE, Texas (KXAN) - A Hays County grand jury indicted a 32-year-old woman on a capital murder charge in connection to the death of 10-week-old boy who died early Thanksgiving Day last year.

The indictment came Feb. 3 in connection with the death of Benjamin Spencer, who died after being sent to Dell Children's Medical Center with severe head injuries from a Kyle day care center in November.

Authorities arrested Little Lyons Cub Day Care Owner Christina Lyons on Nov. 19 after police said she injured the baby boy. Initially Lyons was charged with injury to a child, a first-degree felony.

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

Following the incident in November 2010, the Department of Family and Protective Services notified other parents of the incident and closed the daycare until the investigation could be completed.

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