By Dave Jordan, NEWS 9
Herman Marzelo Vail Bailon was arrested Saturday after two-year-old Liliana Rodriguez was found injured in an Oklahoma City motel room.
The 32-year-old was initially booked on a complaint of child abuse, but that complaint was later upgraded to a first-degree murder after the child died.
Elizabeth Guerrero, Liliana's mother and Bailon's girlfriend, said she was still in shock Monday and she's having trouble coming to terms with the fact that Bailon may have been the cause of her daughter's death.
Prayer candles and stuffed toys were left outside the room the child was found at the Sands Motel.
"I was informed by the desk clerk that I needed to get to the hospital because my daughter has passed out from choking," Guerrero said.
Liliana was taken to Children's hospital where a cat scan showed the injuries were more severe than previously thought.
"They found out that my daughter had blood in her brain and the doctors pronounced my daughter brain dead," Guerrero said.
The arrest of Bailon came as a shock to Guerrero, who lived with her daughter and Bailon in the motel room.
"He's not a violent person," Guerrero said. "He doesn't over react to things. He never raised his hand or his voice to me. I mean, we've always been able to work out our problems."
A neighbor confirmed Guerrero's account and said she never heard any disturbances coming from the apartment. The state placed Guerrero's three-year-old daughter and eight-month-old son in state custody.
"She never laid a hand, she never got angry with them," the neighbor said. "She would always play with them, so I don't understand why she had to suffer for what her stepfather did."
Guerrero is still struggling to come to terms with the loss of a child, the separation from her other children and the arrest of her boyfriend all in the course of a weekend.
She's in the process of hiring an attorney and has a hearing scheduled with Department of Human Services next week. Funeral arrangements for Liliana are pending.
Bailon was living in the country illegally. If released from state custody, he will be turned over to Immigration and Customs Enforcement.