ODESSA -- 1:40 p.m. Update: Odessa police say that Marqalo Flores has now been charged with Capital Murder.
Marqalo Flores, 20. (Odessa Police Department)
UPDATE: Police say that the 2-year-old boy has now passed away from his injuries.
According to the Odessa Police Department, the case is now being treated as a homicide investigation.
An arrest affidavit states that the toddler was brought to his grandmother's home by Flores who said that he found the child breathing but unresponsive.
The grandmother called 911 and paramedics took the child to Medical Center Hospital.
Police say that Flores told officers that he heard a loud sound just after midnight from the room the toddler was sleeping in.
Flores then went to check on him and found him lying head-first between a bed and a dresser. When Flores tried to wake him up he was unresponsive so he took the boy to his mother-in-law's home.
Emergency staff at Medical Center Hospital told police that the boy had suffered a major brain bleed and had been airlifted to University Medical Center in Lubbock to be treated for the serious injuries.
In an interview at the police station Flores told officers that the boy was healthy and happy while he was with him and that no one else had been at the home with them for the past few hours. Police say that Flores stated that the boy fell off the bed and denied ever assaulting the child or accidentally dropped him.
Later that same day detectives working the case were called by a CPS case worker who talked to a child abuse expert about the case.
The expert said that the child had suffered from a brain hemorrhage and bilateral retinal hemorrhage that is consistent with child abuse.
Odessa police are investigating after a 2-year-old child was found unresponsive.
Marqalo Flores, 20, has been charged with Injury to a Child Causing Serious Bodily Injury, a 1st Degree Felony.
Odessa police say they were called to the Park Ridge Apartments on East 11th Street just after midnight on Tuesday for a report of a 2-year-old being found unresponsive.
The child was taken to Medical Center Hospital before they were airlifted to University Medical Center Hospital in Lubbock with life-threatening injuries.
An investigation of the call revealed that the child had been injured while under the care of Flores. Flores told police that the child had fallen off the bed.
According to police, a child abuse expert advised that the child's injuries were consistent with child abuse.
A warrant was then obtained for Flores who was arrested Tuesday night.
As of Wednesday morning the child is listed as in critical condition.
Police say that Flores is the boyfriend of the child's mother and is not the biological father of the victim.