By Brad Rollins
San Marcos — A Hays County grand jury today indicted Cipriano IV and Esther Gonzales on one count each of serious bodily injury to a child.
The couple were previously charged with capital murder of two-month-old Cynthea Gonzales, who died at Central Texas Medical Center on March 11. They were arrested a week later in Michigan, their hometown, where they had returned, they said, to make burial arrangements for the child.
Extradited back to Texas in July, they were released on bond later because they had been held for four months — more than the 90 day maximum prescribed by state law — without being charged.
Prosecutors said they were waiting on the result of a second autopsy from Tarrant County Medical Examiner Nizam Peerwani, which they received last week but have declined to release. An earlier autopsy from Travis County Medical Examiner Roberto Bayardo found broken ribs and a head injury — signs of abuse, he said — but that the injuries were not fatal.
Chief Deputy District Attorney Wesley H. Mau said evidence was presented to the grand jury over two days starting Wednesday. He said he did not know if prosecutors sought indictments on the original capital murder charges.
“What we generally do is present evidence and tell them that these are the possible charges and ask them what charges are appropriate given evidence able to present. That’s the call that the grand jury has to make,” Mau said.
Mau declined to discuss the second autopsy but a written statement released by Police Chief Howard E. Williams said the examination determined the cause of death was “blunt force traumatic head injury” and ruled it a homicide.
Leslie J. Halasz, attorney for Cipriano Gonzales IV, declined to comment until the defense is provided a copy of the second autopsy.
“They have really been hiding the ball on this final autopsy and keeping us in the dark,” Halasz said.
John Moritz of Holland, Mich., Esther Gonzales’ attorney, did not immediately return phone calls for comment Thursday afternoon.
See Friday’s Daily Record print edition for the full story.
bradrollins@yahoo.com
