Capital Murder charge filed in death of 3-year-old boy

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Mario Palacios Jr. was arrested and jailed Wednesday, Nov. 28 and charged with capital murder in the death of his three-year-old stepson.

He was out on $60,000 bond after being charged with "Injury to a Child, 1st Degree Felony," but faced the new charge after the boy died Nov. 27, a little more than a week after being hospitalized with injuries that have prompted the child abuse investigation.

The child's name has not been released.

The 83rd District Attorney’s Office will handle the case. End new

According to an arrest affidavit from the Fort Stockton Police, the child was found to have severe brain damage upon being taken to Pecos County Memorial Hospital unconscious on Nov. 17. The child was later airlifted to Covenant Children’s Hospital in Lubbock.

Hospital staff called the police department. Investigators found the child had bruises on his his legs, buttocks, chest, shoulders and forehead.

Palacios is reportedly the child's step-father.

Palacious was first arrested on Nov. 20.

According to the police report, the child's mother said the child was in good health when he was left with Palacios around 11 p.m. on Nov. 16. the child arrived at the hospital around 7:30 a.m. on Nov. 17

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