On Friday night, Justice of the Peace Judge Bob Blackburn charged 28-year-old Adam Ray Ayala with Capital Murder for the death of his 13-month-old daughter, Desiree Ayala. The Lubbock County District Attorney found reason to file Capital Murder charges because autopsy reports indicated the baby died from internal injuries.
According to state records, Ayala was just released from jail. In 2001, Ayala was convicted for Injury to a Child and sentenced to three years in a state jail. NewsChannel 11 asked Assistant District Attorney Matt Powell if Ayala's previous conviction would be an advantage to the prosecution when this Capital Murder case goes to trial.
"I don't know if I'd consider it an advantage. I think what we first and foremost do is look at the details of this particular offense, are we convinced if there's probable cause to charge which is what we did today. I think it's too early in the case to try and make a determination if there are any advantages, if any, this will have on the case," said Matt Powell, Assistant District Attorney.
Early Friday morning, police say Ayala called 911 because his daughter was not breathing. Ayala claims his daughter drowned in five inches of water in the bathtub. Ayala told police he left Desiree in the bath water alone for 15 minutes and went back to check on her, only to find her bobbing in the water.
But, preliminary autopsy reports indicate the little girl did not die from a drowning. That piece of information was enough to arrest Ayala, and he sits in the Lubbock County Jail. The State allows anyone who kills a child under the age of six, eligible for the death penalty.
Family members say the mother of the child and Ayala are separated, and she was not at the crime scene.