LAMESA -- CBS 7 News has obtained new details in the case of a Lamesa baby who tested positive for methamphetamine.
The arrest affidavits ultimately point the finger at the nine-month-old’s father Ricky Hernandez, however we spoke with his family Friday who say he would never hurt his daughter.
“He would not do such a thing to his daughter at all, he loves his daughter with all of his heart, that’s his pride and joy,” said Ricky’s sister Miranda Hernandez.
But court documents paint a slightly different picture.
Last Thursday at around 10p.m., Ricky and Destiny Lozano picked up their baby girl Mia from Destiny’s mom’s house.
At that time Destiny told police Mia was acting normal and playful and had started to fall asleep on their drive home.
However, Mia’s behavior drastically changed just 30 minutes after they got home.
“She was acting just very weird, like very hyper, and that’s not how she acts, she’s a normal baby,” Miranda explained.
Destiny claims to have left Mia in the living room with Ricky and his father, Ricardo Hernandez, for about 20 minutes while she used the restroom and attempted to take a nap.
Before she could fall asleep, she told police Ricky brought Mia into their bedroom and said she would not stop crying.
After giving the baby a bath, children’s Tylenol, and a bottle to calm her down, Destiny ended up taking Mia to the Medical Arts Hospital Emergency Room.
During the first visit, Destiny said the staff couldn’t find anything wrong and released Mia.
But Mia was still acting “strange” and would not stop crying, so Destiny took her back to the hospital at 4:09 a.m.
This time one of the nurses placed a tourniquet on Mia’s left arm, wiped down softly over her skin twice with an alcohol swab and then noticed her vein started bleeding as if she’d been recently injected with a needle.
Sure enough, blood results showed Mia tested positive for methamphetamine.
Later that morning, Destiny admitted to police that Ricky sold drugs and that she had seen him one time walk through their living room with a small baggie that had “white stuff in it.”
Allegations that his family says are not true.
“Ricky from the get go said, you can go check my house, my car, give me a polygraph test, give me a drug test,” said Ricky’s aunt Maria Garza. “Obviously if he was dirty, or did anything wrong, he would’ve never said that.”
Both Garza and Miranda say they are 100 percent behind Ricky and his dad, Ricardo Hernandez.
“I want them to investigate where they picked up my niece from, they have the wrong people in jail,” said Miranda.
When questioned by police Ricardo said he had gone over to Ricky and Destiny's house to help his son unload some appliances.
He too said Mia was acting normal when she first got home that Thursday night. He then told police he fell asleep on the couch between 11:00 p.m. and midnight.
The documents show that Lieutenant Darrel Williams stated the nurse told him when a vein collapses that easily it is a sign it has been previously injected.
The nurse also indicated that it usually takes four hours for an injection wound to heal to the point it would not bleed when a tourniquet was applied.
With Destiny, Ricky and Ricardo being the only ones inside their home with Mia, all three were arrested and charged with injury to a child.
Although they didn’t wish to go on camera, CBS 7 spoke with Mia’s grandma who says the baby is in the care of CPS and is recovering just fine.
Now the Lamesa Police Department is waiting for lab tests to come back and will be handing the case to the District Attorney’s Office for prosecution.
All three suspects remain in jail on $150,000 bonds each.
Anyone having information on this or any other crime is asked to contact the Lamesa Police Department or crime line at 806/872-TIPS/8477.