Court document: Henrico baby died after bag placed on head

HENRICO, VA (WWBT) – Papers filed in Henrico Circuit Court suggest a two-month-old baby who died last week was found with a bag over his head, and a one-year-old sibling nearby.

An affidavit for a search warrant at the Oakmeade Apartments last Thursday indicates the infant boy's mother told police she was "fixing a pizza" in the kitchen very early that morning. She heard her one-year-old son crying, and when she went to see him, she noticed the two-month-old baby with a "bag over his head" and "bloody fluid on his face", according to the affidavit.

The infant was pronounced dead at the hospital just 45 minutes later, according to police. Later that morning, the apartment windows were covered up to avoid onlookers.

Police have not assigned any blame. They continue to categorize the death as "suspicious".

Affidavits are not meant to describe the full story, but Legal analyst Steve Benjamin says the papers, don't indicate any criminal wrongdoing...instead, perhaps, a tragic family accident.

"The law permits parents to leave children briefly unattended in another room. It would be unrealistic otherwise," Benjamin said.

Henrico police would not comment further on their investigation, except to say charges may or may not be filed. Investigators will wait for toxicology reports to come back before making any further statements. A police spokesman says it could take more than a week for those results to be complete.

Police did not elaborate when asked if the bag was somehow accidentally or inadvertently placed on the infant's head.

"The law doesn't require parents to be perfect. What it does require is that a parent use all reasonable care to provide for the care of their child," Benjamin said.

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