The baby had numerous bruises on his body. He was rushed to Texas Children's Hospital in critical condition, suffering from bleeding on his brain. Dakoda later died, and on February 17, Gutierrez, an amateur boxer, was charged with capital murder.
Accounts of alleged ongoing abuse are listed in the probable cause document, including statements from Scott that Gutierrez flicked the baby when he wouldn't stop crying and punished the toddler "a little too hard." She did not seek medical attention for Dakoda, even when he may have had a broken rib.
Scott and Gutierrez reportedly had a history of violent arguments, and Gutierrez told authorities that when they got mad at each other he would "take it out on Dakoda."
Jacinto City police say Scott was arrested Thursday morning. Bail has been set at $30,000 for the felony charge.