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Teen accused of killing toddler to be heard in District Court
By Nathan Gonzalez The Daily Times
Article Launched: 05/11/2007 12:00:00 AM MDT


AZTEC — The case of a teen accused of killing 17-month-old Taegan McKinney by allegedly stepping on the toddler's abdomen will be decided in District Court.
According to the Magistrate Court Clerk's Office, 18-year-old Jose Garcia's case was recently bound over to District Court, where it will be assigned to a state judge.

Garcia faces a first-degree felony charge of child abuse resulting in death, a third-degree felony count of tampering with evidence and aggravated battery against a household member, also a third-degree felony.

The teen was scheduled for a preliminary hearing Thursday before Magistrate Wilma Charley. However, the case had already been bound over to District Court, the clerk's office said.

Garcia is accused of hitting his 15-year-old girlfriend, who was babysitting McKinney at the time the child was killed April 14.

In an interview with San Juan County Sheriff's deputies, Garcia reportedly told investigators he stepped on the toddler's abdomen while the child was laying on the floor of the


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babysitter's County Road 3010 home outside the Aztec city limits.
Garcia also stated that he and his girlfriend waited about six hours before seeking help from a neighbor. They then called authorities, court documents state.

The babysitter, whose name is being withheld, has not been charged in connection with the crime.

An initial investigation determined that the child died from trauma to the head and abdomen, deputies have said.

Garcia remains out of jail on $50,000 bond. His next court appearance has yet to be scheduled