• Baby dies after being beaten by Memphis man who learned he was not the child's father, police say

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    Memphis police arrested a man after they said he punched a baby so hard it stopped breathing, court records said. 

    According to police, the victim's mother called 911 on April 12 when her four-month-old child was found unresponsive. Paramedics took the child to Le Bonheur Children's Hospital in extremely critical condition. 

    The child was pronounced dead upon arriving to the hospital.

    The mother and her boyfriend, Jose Avila-Agurcia, said they did not know what caused the child to stop breathing, police records said. 

    More than a week later, police said Avila-Agurcia was developed as a suspect. Police said investigators met with the mother who said her boyfriend confessed he punched the child in the head multiple times when he learned the child was not his.


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    The police report said he thought the child was his during the pregnancy. 

    Avila-Agurcia was arrested and charged with First Degree Murder in Perpetration of Aggravated Child Abuse and First Degree Murder in Perpetration of Aggravated Child Abuse.

    FOX13 looked into Avila-Agurcia's past and found no criminal history in Tennessee.

    The Department of Child Services opened an investigation into the death of the little boy.

    Avila-Agurcia will appear in court at 9 a.m. Thursday morning.

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