MISSION- An Upper Valley man has been formally charged in Mission, after being accused of beating his five year old step son leading to his death. Juan Jose Ruiz, 28, was charged with capital murder, according to police, he was arrested in less than 24 hours and did confess
. Police said, Andres Manuel Ortiz, 5, was punched in the stomach and choked by Ruiz because the child kept throwing up on himself, the child tried to fight back but couldn't escape. Police said the child had been ill for three weeks.
The incident happened Tuesday off Santa Sofia street in Mission. The boy later died after being hospitalized. In court we asked Ruiz why he did it he says he didn't do it however police say he's changing his story of what happened.
"No soy culpable," said Ruiz, saying he's not guilty.
"There's a few little loop holes in his story. he's trying to change it that he that he never choked the child it was an accident that the kid fell on himself. physical evidence refutes that, he's trying to change everything and trying to say it was an accident," said Jody Tittle of Mission PD.
Ruiz's family was also present in court Thursday. Autopsy results show the boy received severe trauma to his stomach area which ruptured his pancreas in half and small intestines and serious markings on his neck. The couple are from Matamoros and residing in Donna.
Ruiz is on a five million dollar bond and if convicted he could face life in prison without parole or death by lethal injection.