A Weatherford man arrested in August for the murder of a Boyd child has been indicted for injury to a child.
A grand jury indicted Ricky Don Martinez Jr., 26, when they met Nov. 16. Martinez was arrested Sept. 6 in connection with the death of 2-year-old Lloyd Michael Anderson Jr. Anderson lived with his mother in the 600 block of County Road 4681 south of Boyd.
Although the case lacked the necessary evidence for a murder indictment, District Attorney Jana Jones said Martinez still faces a very serious charge.
"It is a first degree felony injury to a child," Jones said.
A first degree felony is punishable by five to 99 years in jail.
Anderson died Aug. 7 at Cook Children's Hospital in Fort Worth, a week after he sustained a head injury at his family's home. The Tarrant County Medical Examiners Office performed an autopsy and determined that the death was the result of a homicide.
According to investigators, Anderson was taken to Cook Children's Hospital on July 31 after his mother came home from work and found the boy lethargic and clammy to the touch. Anderson remained in the hospital until his death.
The district attorney's office began investigating the case after Anderson was admitted to the hospital and found that Anderson was being supervised by Martinez, who was the boyfriend of Anderson's mother, when the injury is thought to have occurred.
One of the challenges for prosecutors has been trying to determine exactly what caused Anderson's death. According to the wording in the indictment, Martinez is accused of causing serious bodily injury to Anderson, "by causing Lloyd Anderson Jr. to strike an object or surface unknown to the grand jury" and "by striking Lloyd Anderson Jr. with an object or surface unknown to the grand jury."
The only other person home at the time investigators believe the injury occurred was Martinez' 3-year-old daughter. After Anderson was admitted to the hospital, both children were removed from the home by Child Protective Services.
According to documents filed in the civil case to remove the children from the home, Martinez told hospital personnel that he heard but didn't see Anderson fall in the kitchen. He also told hospital personnel Anderson could have sustained the injury the previous weekend when he fell out of a bed.
However, an affidavit from Dr. Jamye Coffman at Cook Children's Hospital said the injuries did not match Martinez' explanation.
"These shortfalls are not consistent with this extensive head injury," Coffman said in her affidavit. "These injuries are not consistent with non-accidental trauma."
Court records also revealed that Anderson had been taken to Harris Northwest hospital in Azle in June when he displayed similar symptoms. He was diagnosed with dehydration and released that day. Anderson was also in the care of Martinez during that injury as well, according to court documents.
Martinez has remained in jail since Sept. 6 with bail set at $250,000. No trial date has been set.
