NACOGDOCHES, TX (KTRE) - New information on a Nacogdoches man accused in the injury and ultimate death of a baby girl in February of this year. The defense wanted a lower bond, while the state attorney general's office is researching capital murder charges.
Her name was Kaylen Broumley, a three year old girl who died with a severe head injury. Doctors also detected multiple bruises and burn scars. Accused of injury to a child is Anthony Tyrone Roberts, a 36 year old man who was living with the child's mother. The allegation is he severely pushed the child which led to the head injury. According to investigators Roberts convinced the mother, Joy Yates Simmons to tell the story that Kaylen had fallen off a horse. Roberts has been in jail under a $500,000 bond ever since.
This afternoon Robert's attorney John Heath Jr. unsuccessfully attempted to get that bond reduced. "We are disappointed, but not necessarily surprised. We will wait to see if the attorney general will want to pursue it as a capital murder case," said Heath following the hearing.
As District Attorney Nicole Lostracco presented arguments and questioned witnesses, attorneys with Attorney General Greg Abbott's office were listening to the testimony. They are reviewing the case. They're deciding if they'll seek capital murder charges.
Right now Roberts is facing first degree injury to a child. It carries 5 to 99 years and Lostracco will not have to prove intent to kill. A person convicted of capital murder will receive the death penalty. Lostracco is asking the attorney general's capital murder team to consider handling the case. Sheriff Thomas kerss says the arrival of a complete and final autopsy report had information that local prosecutors felt could support a capital murder charge. A second indictment would be necessary.