SHEBOYGAN (WITI) — A Sheboygan County man says he was just playing with his fiancee's son, but that four-year-old boy died while in his care. Now, what was first described as an accidental death involving horseplay, is being investigated as a homicide.
The man who was supposed to be watching the little boy is now in custody. He claims they were just playing when something hit the boy's head. Medical experts say it was something far worse.
Through a court television, Armando Aguirre said very little. Aguirre was in handcuffs because authorities say his actions contributed to the death of his fiancee's son, Trey. Aguirre was watching the child along with his own son in their home in the Town of Mitchell when the tragic incident occurred.
"We do not allege intentional abuse, but certainly more than what he stated happened," said Sheboygan County District Attorney, Joe DeCecco.
According to a criminal complaint, the suspect was playing with the boys. First, he picked up his son around this knees and spun him in a circle. He allegedly spun Trey the same way but claimed the boy's head hit the carpet, with the boy's head 'glancing' off of it. The blow caused the child to display signs of seizure.
"He indicated the child throws up, began shaking, his eyes rolled in the back of his head and he lost control of his bodily functions and urinated," said DeCecco.
The complaint says Aguirre blew on the child's face to wake him up, then put him on the front lawn to get fresh air. He then called the boy's mom, who told him to call 911.
"Child passed away Saturday, the day after it happened. Once Children's Hospital did some diagnostic tests and an autopsy too, it was clear it was not a glancing blow," said
The toddler had severe brain injuries, bleeding and facial bruising. Authorities compared the injury to something much more.
"The deputy chief medical examiner did inform me that the injuries to Trey's brain were consistent with a child falling from a fourth floor level," said DeCecco.
The boy's mother was in court but did not comment to the media.
"She supports Armando and intends to facilitate an ongoing relationship with him," said Armando's attorney.
The suspect faces a charge of second degree reckless homicide and is being held on a $50,000 cash bond. If convicted he could face a maximum of 15 years in prison.