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A Man Allegedly Killed A 4-Month-Old Baby When He Found Out He Wasn't The Father

The baby had sustained multiple injuries, including a fractured skull and a fractured rib, and had a serious case of pneumonia.

Posted on April 25, 2019, at 2:00 p.m. ET

Shelby County Sheriff's Office

Jose Avila-Agurcia

A Tennessee man is accused of beating a 4-month-old baby to death after discovering that he wasn't the infant boy's father, police said.

Jose Avila-Agurcia, 33, was arrested by Memphis police officers and charged with first-degree murder in the death of 4-month-old Alexander Lizondro-Chacon, whom he initially believed was his son.

According to an arrest affidavit, officers were called to a Memphis house on April 12 and found the baby unresponsive.

The baby's mother, Mercy Lizondro-Chacon, told officers her son was having difficulty breathing.

The infant was transported to a local hospital where he was pronounced dead, police said.

According to the affidavit, the medical examiner ruled the death a homicide due to blunt-force trauma, noting that the baby had sustained injuries including a fractured skull and a fractured rib, and had a serious case of pneumonia.

The boy's mother and her boyfriend, Avila-Agurcia, told investigators that they did not know how the 4-month-old sustained his injuries.

But then on April 23, Lizondro-Chacon met with investigators and told them that Avila-Agurcia confessed to her that he had struck the baby multiple times when he found out that he wasn't the boy's biological father.

He is charged with first-degree murder in perpetration of aggravated child abuse and will appear in court on Thursday.

A US Immigration and Customs Enforcement spokesperson said in a statement that Avila-Agurcia is an alias for Carlos Zuniga Aviles, a Honduran national who had previously been deported five times.

ICE has lodged an immigration detainer against Avila-Agurcia and will seek to reinstate his removal after he faces the charges against him.

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