A Houston man accused of fatally shaking his then-girlfriend’s 10-month-old son in 2018 has been reindicted under new legal standards related to shaken baby syndrome.
Manuel Alejandro Diaz was originally charged with the child’s murder in 2022 and remains out on bond. However, prosecutors recently amended the indictment, reclassifying the charge to injury to a child causing serious bodily injury.
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The legal adjustment comes in response to changes in the way shaken baby syndrome cases are prosecuted.
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Diaz is accused of violently shaking the child, causing severe brain bleeding, retinal hemorrhaging, and spinal ligament injuries that required emergency surgery.
Rick DeToto, the defense attorney representing Manuel Alejandro Diaz, released the following statement:
“Mr. Diaz was not arrested on a new case while on bond. The state has, for the third time, modified the way they intend to try and present this case to a jury. The United States Supreme Court and the Texas Court of Criminal Appeals has drastically changed the law surrounding shaken baby syndrome based on how the science has evolved. All 3 of the indictments are the same case and stem from the same allegation from 2018. The first 2 indictments have been or will be dismissed as the prosecutors attempt, for a third time, to understand how the new law affects their ability to move forward. In April we will have a hearing on this issue.”
What happened?
The incident dates back to Sept. 1, 2018, when Diaz was caring for the infant at his Houston residence. According to investigators, the child’s mother left for work around 5 p.m., leaving the baby in Diaz’s care. Around 7:45 p.m., Diaz called the mother in a panic, claiming the child was having trouble breathing and needed to go to the hospital.
Emergency responders rushed the baby to the hospital, where he underwent surgery to relieve pressure from severe brain hemorrhaging. Despite the efforts, the child later died from his injuries.
Court records show Diaz also has a history of prior charges, including a dismissed injury to a child case in 2018 and a criminal trespass charge from 2021, which was later dropped.
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