405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Tulsa Student Charged with Murder in Shaken Baby Case

19-Sep-2014

A 22-year-old student faces life behind bars after being charged with the murder of his 6-week-old son. 

Police say EMSA responded Thursday morning to a 9-1-1 call regarding an unresponsive infant at an apartment on the campus of the University of Tulsa. When they arrived, 22-year-old TU student Sebastian Aguirre, Jr., told them that he was caring for his son while the baby's mother attended classes. While he was giving the child a bath, he said, the infant went limp, and his eyes rolled back in his head.

Noting signs of retinal hemorrhaging, police and medical staff continued to question Aguirre, who allegedly admitted to shaking the baby because he wanted him to stop crying.

The Tulsa World reports, "A probable cause affidavit says Aguirre realized during the final shake that the child was no longer responsive, and he put the infant in cold water in attempts to wake him." 

The baby was transported to St. John Medical Center before being transferred to St. Francis Hospital. The next evening, he died after being taken off child support.

Aguirre was arrested Monday on a complaint of child abuse murder. He is held without bond in the Tulsa County Jail.

Child abuse murder is an act of first degree murder defined in 21 O.S. § 701.7 (C). This section of the first degree murder statute reads:

A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

In other words, the death of a child through abuse or unreasonable force is first degree murder, whether or not the person intended to cause the death of the child.

It is unlikely that Aguirre meant to kill his son. Often, a parent who shakes a baby does so out of frustration, not malice. However, shaking a baby will not pacify or calm a child, and could very likely cause significant traumatic brain injury, permanent disability, or even death.

Shaken Baby Syndrome (SBS) or Abusive Head Trauma (AHT) is a very real threat to infants and children, and parents must be equipped with the knowledge, resources, and support to understand that shaking a child is not a minor way of gaining the child's attention, but an abusive act of violence which could result in death. Because there is no outward physical impact, it is difficult to understand that the act of shaking a child causes his or her brain to move and strike the skull with tremendous force.

For information and resources about SBS/AHT, visit the National Center on Shaken Baby Syndrome at www.dontshake.org.




All News

More News

Oklahoma Man Accused of Attempting to Kill Cousin, Then Hiring an Escort
26-Jun-2017

An Oklahoma man who allegedly tried to kill his cousin in an arson..

Supreme Court Ruling Says Trademark Law Barring Offensive Names Infringes on Free Speech
23-Jun-2017

You have likely never heard of Asian American rock band the Slants..

Teen Who Urged Boyfriend to Commit Suicide Convicted of Manslaughter
19-Jun-2017

In July 2014, 18-year-old Conrad Roy III attempted to take his own..

Supreme Court to Decide Whether Warrantless Cell Phone Location Search Violates Fourth Amendment
12-Jun-2017

The United States Supreme Court has agreed to hear a case that cou..

Man Sentenced to 4 Years in Stabbing Death of Roommate
09-Jun-2017

A 72-year-old man is ordered to spend four years in prison after s..

Trial Delayed for Second Brother in Broken Arrow Quintuple Murder
29-May-2017

Shortly before midnight on July 22, 2015, police in Broken Arrow r..

Criminal Appeals Court Upholds Death Sentence for Triple-Murderer
26-May-2017

For the second time, the Oklahoma Court of Criminal Appeals has af..

Poorly written bill leaves lawsuit loophole; Governor signs anyway
22-May-2017

When drafting legislation, it is imperative that language is clear..

Not Guilty Verdict in Tulsa Police Shooting; Officer's Job Status under Evaluation
19-May-2017

After nine hours of deliberation, a jury returned a verdict o..

Man Exonerated in Rape Case Awarded Compensation
15-May-2017

An Oklahoma man who was exonerated of rape after spending 13 years..

×