Father Indicted On Aggravated Murder Charge In Infant Daughter's Death

FAIRFAX COUNTY, VA — A Fairfax County grand jury has indicted a Bailey's Crossroads father on charges of aggravated murder and felony child abuse in the death of his 3-month-old daughter, escalating the case from the second-degree murder charge filed after his arrest in April.

Misael Lopez Gomez, 28, was indicted in connection with the March 27 death of the infant at the family's home in the 3400 block of Lake Street.

Fairfax County police were called to the residence around 7:30 p.m. after receiving a report of an unresponsive infant. Officers began CPR until Fairfax County Fire and Rescue personnel arrived and continued lifesaving efforts, but the child later died at a hospital.

Hospital staff and detectives observed injuries consistent with abuse, and the Office of the Chief Medical Examiner later determined the infant died from blunt force trauma, ruling the death a homicide, according to Fairfax County police. At the time of the incident, the baby was in the care of Lopez Gomez. Police arrested him on April 1 on charges of second-degree murder and felony child abuse, and he has remained held without bond.

Grand Jury Returns More Serious Charge

According to the Fairfax County Commonwealth's Attorney's Office, prosecutors asked the grand jury to return an indictment for aggravated murder following testimony presented during a preliminary hearing earlier this month.

At that hearing, a medical examiner testified about the extent of the infant's injuries and that they caused her death. A Fairfax County police detective also testified that Lopez Gomez admitted to investigators that he had repeatedly struck his daughter, according to prosecutors.

RELATED: Father Charged In Death Of Infant Daughter From Blunt Force Trauma

The Commonwealth's Attorney's Office said the case was initially charged as second-degree murder, which it described as standard practice in Fairfax County. Prosecutors later sought the aggravated murder indictment because Virginia law classifies the killing of a child younger than 14 by a person age 21 or older as aggravated murder. A conviction carries a mandatory life prison sentence.

"Cases like this are so rare and egregious that the law recognizes the need for a higher penalty," Commonwealth's Attorney Steve Descano said in a statement. "My office prioritizes the prosecution of serious, violent crimes, and will use the tools that the law provides to do so."

A hearing to set a trial date is scheduled for July 23.

An indictment is a formal accusation and not evidence of guilt. Lopez Gomez is presumed innocent unless and until proven guilty in court.