In a statement Julijan Garzon from Texas gave the police he told he could not sleep because of the baby cries, so he became nervous, and sharply raised the baby in the air, and then the baby hit his head on the window frame. But police believe he has acted much more harshly with the baby.

Garzon was babysitting the little boy, and when the baby's mother returned home immediately noticed that something was wrong with the baby. Doctors later determined that the baby has survived severe fracture of the skull which was done while Garzon was babysitting.

According to the indictment, Garzon was aware of the fact that the child was injured, but did not report it anywhere because he was affraid to fall into trouble. Doctors said that the description he gave them in terms of the injury  to the baby does not match with the nature of the injury that the baby experienced, and that the baby was likely injured in a much more brutal way.