A Lubbock County grand jury indicted Madison Rodriguez, 18, for capital murder and Charles Dillon Flournoy, 21, for injury to a child concerning the death of a 1-year-old boy.
Police and EMS were called to the 1800 block of East 25th Street on June 20 for the report of a child not breathing.
Mason Rodriguez was later pronounced dead.
Officials said the mother admits to throwing Mason on the floor a few days before his death. Court records from July said Flournoy dropped Mason – hitting the boy’s head on a toilet.
Last week Flournoy called the EverythingLubbock.com newsroom from jail and said he was innocent. He said he was being falsely accused of murder. He did not defend or accuse the mother.
Flournoy referred to Mason as his “step son” during the phone call.
It was not immediately clear if prosecutors would seek the death penalty.
* Correction: The initial version of this story said both were indicted for capital murder. Only Rodriguez was indicted for capital murder. The charge against Flournoy was injury to a child. EverythingLubbock.com apologizes for the error.
(originally published in September 2015)
