A Midland child abuse case with ties to Lubbock became a capital murder case on Monday.
Midland Police said Timothy Allen Penn, 28, was initially charged with injury to a child and arrested on June 22 for beating a 5-month old child. The child was in critical condition and taken to a hospital in Lubbock.
Penn told officers that he “struck the face of the child 5 times.”
Tiffany Enriquez, 22, of Midland, was also charged with injury to a child. Police accused her of a lack of action to protect the child.
Penn was arrested in Midland. Enriquez was arrested in Lubbock.
“On July 2 around 7:56 p.m., the child was pronounced dead in Lubbock,” Midland Police said. Penn’s charges were changed to capital murder “for the death of a child under 10 years of age.”
An updated statement from police did not say if the death penalty would be pursued.
Related Story: Midland Woman Arrested in Lubbock on Child Abuse Charge
CORRECTION: A previous version of this story incorrectly listed the parentage of the child. Penn is described in court records as the father. Enriquez’ relationship to the child is not listed in Penn’s arrest warrant.
