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2 Year Old Suffers Fatal Injuries While Under Uncle’s Care – Was It an Accident or Crime? Authorities Arrest Uncle for Throwing Child

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Austin, Texas and other cities, parents, caregivers, day care providers, child care providers, and, yes, babysitters should recognize that small children are at risk of serious personal injury from any act of pushing shoving, hitting, shaking, and / or punching. Infants and toddlers will cry. They will disobey and they will throw fits. Child care providers must recognize that small children are small children. In dealing with children, the answer should never be to raise a fist to the child, to push the child, or to shake the child. This is especially important since small children are at risk for Shaken Baby Syndrome which can lead to serious permanent brain injuries and in some instances death.

In Austin, Texas, it was reported that a child under the care of his Uncle suffered serious personal injuries in the form of significant brain injury which, in turn, lead to the 2 year old’s death. The death of Carlos De La Rosa is being investigated by police. The investigation will include an autopsy and a review of statements. The child was being cared for by his Uncle – Mark Paniagua. The Uncle contacted 911 and reported that the child fell back from a sitting position and thereafter hit his head on the concrete. The boy was later transported to Dell Children’s Medical Center where he was evaluated. While attempts were made to treat him and save his life, these attempts were unsuccessful. Medical providers at the hospital did not observe any outward or outside signs of trauma to the boy’s head. Because of this, the medical providers reported to the police that the observable signs of injury and medical testing were inconsistent with the history reported by the Uncle. The Medical Director reported to the Child Abuse Resource Center were indicative of child abuse. It was reported in the news story that the Uncle later told police that he actually threw the child while he was caring for the child in the direction of the child’s mattress. This matter will be thoroughly investigated by police and children services to determine the cause of death. While it is unlikely that the Uncle purposely wanted to harm the child, careless or reckless conduct can lead to criminal charges. You can read more about this story at Texas 2 Year Old Dies After Uncle Threw Him.

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