Mesquite parents charged with capital murder in death of infant daughter

CBS News Texas

MESQUITE — Mesquite parents have been charged in the death of their infant daughter, police said Tuesday.

Mesquite police and fire units were called to the 3500 block of Byrd Dr. on Dec. 13 for an unresponsive child.

When fire units arrived, the report states, they "immediately realized the child was deceased and the child appeared to be extremely malnourished."

The Dallas County Medical Examiner's report identified the child as a 9-month-old girl, Maliyah Johnson.  

Leon Johnson, Destiny Avila Mesquite Police, Dallas County Jail

The Mesquite Police Department said the investigation led to the child's father, 22-year-old Leon Johnson being charged with capital murder of a person under 10 years of age.

Further investigation led to the arrest of 23-year-old Destiny Avila, the child's mother, also charged with capital murder of a person under 10 years of age.

Mesquite police said Johnson and Avila did not live together but did share custody of the child in the weeks leading up to the child's death. 

According to Johnson's arrest affidavit, he told police that the baby had not been eating for a couple of days and would throw up anything she would consume. He continued to say that because of that, he was supplementing with Pedialyte but was concerned she might overdose. 

On the morning of Dec. 13, Johnson said he woke up to find the baby lying in vomit. He said he picked her up and she spit up again before making a gurgling sound and falling out of his arms.

"During this time, the child was clearly in medical distress based off her emaciated state," the report states. "The investigation revealed both individual's inactions led to the starvation and death of the child."

Leon Johnson was booked into the Dallas County Jail on Dec. 14 with a $1 million bond. Avila was booked into the Dallas County Jail on Tuesday. No bond is currently listed for Avila.

The investigation is ongoing. 

Read more
f

We and our partners use cookies to understand how you use our site, improve your experience and serve you personalized content and advertising. Read about how we use cookies in our cookie policy and how you can control them by clicking Manage Settings. By continuing to use this site, you accept these cookies.