DENVER — The father of a 2-month-old infant who died in December is charged with first-degree murder after the boy was brought to a hospital with thermal burns over 40% of his body, a brain injury, and other injuries in various stages of healing.
Denver prosecutors charged Tony Vigil, with first-degree murder and child abuse resulting in death. The boy's mother, Jaylyn Vigil is charged with tampering with physical evidence.
According to court documents, the baby who was born in early October 2023, was brought to a hospital on Dec. 16, 2023, around 2 a.m. with "severe burns." Due to the severity of the injuries the boy was transferred to Children's Hospital Colorado in Aurora for additional treatment. The child died at the hospital on Dec. 20.
The boy's parents told hospital staff the baby had a "blowout" diaper and said Tony decided to give him a bath to clean him up, the arrest affidavit from Denver Police says. Tony said when he began drying the child he noticed his skin was red and appeared to be peeling.
He said, according to the affidavit, that he woke up Jaylyn so she could call a nurse line and they were told to call 911 or bring the child to a hospital. Jaylyn told medical staff she suspected the baby had chemical burns because they had just used a new shampoo. However, medical staff reported the injuries were "not consistent" with chemical burns and appeared "more consistent" with "thermal burns" that could have been caused by hot water, the affidavit says.
Tony reported that he bathed the baby and Jaylyn was in the bedroom at the time, the affidavit says. He reported that he checked the water with his fingertips and it was "lukewarm." He said he proceeded to give the baby a bath using new soap. He said he wore gloves while doing so.
Separately, Jaylyn said she bathed the boy and used a "whale thermometer" to check the water temperature, the affidavit says. She said it showed the water was 50 degrees. She said about 20 minutes later the baby's skin began to get red and his cheeks swelled up.
Due to their inconsistent stories, police were called to the hospital to investigate. Officers spoke with Jaylyn and requested access to their home to take photos. According to the affidavit, she "immediately" said she needed to speak with Tony and then asked to use the restroom. The affidavit notes she was in the restroom for a "long period of time."
Investigators executed a search warrant at their home shortly after midnight on Dec. 17, 2023. When they did, Tony was home and opened the door for officers. They noted the apartment was in "disarray" but the baby's room was "well put together."
They determined that Tony had been home for about 18 hours before the warrant was executed and later found text messages from Jaylyn telling him to "clean up the beer cans" and "put the baby's bath in the bathtub," the affidavit says. They also found messages from Jaylyn asking Tony if the apartment was "suspicious."
The next day, investigators learned about additional injuries to the infant that were found by hospital staff. They included:
- Left wrist fracture
- Left 11th rib fracture
- Bilateral brain injury
Tony denied any knowledge of prior injuries but recalled that around Thanksgiving the baby had hit his head on the slats of the crib. Jaylyn also denied any knowledge of prior injuries and also mentioned that the baby would hit his head on the crib while moving around.
Tony and Jaylyn Vigil were arrested in January. Details about the baby's death and the arrest of his parents were not made public until Thursday when the Denver Medical examiner released information. The coroner identified the infant as TJ Vigil and said his cause of death was complications from thermal injury (scalding). The coroner ruled his death a homicide. Other injuries were also found at the autopsy included:
- Incomplete spiral fracture on left tibia in healing stages
- Fresh fractures to his radius and ulnar bones
Tony and Jaylyn Vigil were arrested in January. Tony Vigil is next due in court for a preliminary hearing on Sept. 19. Jaylyn Vigil is due in court next week for an arraignment.
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