Man accused of hitting, stomping on girlfriend's 4-year-old son

HOUSTON

According to court documents, the 4-year-old boy told investigators that Jamail Wagner, his mother's live-in boyfriend, punched him in the arm and chest and stepped on his face on April 3. The boy says Wagner assaulted him by his day care, took him home, then returned him to day care.

The boy's mother told police that Wagner was watching the boy until it was time to take him to day care and that the boy was in Wagner's care the day of the assault. The mom says she received a call from day care that the boy was vomiting and had to be picked up.

Court documents state Wagner says he was driving the boy to day care when he told him to stop kicking the back of his seat or he would hit him. Wagner told investigators that the boy continued to kick the seat so he stopped the car and punched him in the arm four or five times. Wagner says the boy was crying so he took him home first until he stopped crying, then he returned him to the day care, court documents show.

Police say Wagner picked the boy up from day care after the mom received the call about the boy's vomiting, then Wagner took him to his mom, who transported him to the hospital. Doctors who examined the boy say he had scratches and bruising to his face and red marks on his chest and arms. They say he was also suffering from kidney failure and severe abdominal injuries.

Wagner, 23, is charged with injury to a child. No bond has been set in this case.

Court records show Wagner is out on bond for a drug charge, and he has prior convictions for assault of a family member, evading arrest, drugs, theft and trespass.

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