Houston Man Convicted After 2-Year-Old Girl Dies from Blunt Force Injuries

March 1, 2018

• The Case of Madison Brooks undisclosed, 2
• Suspect Andres Bonilla

Houston, TX — A Harris County man has been charged with murder after prosecutors say he fatally injured his girlfriend’s 2-year-old daughter while babysitting her at a Houston apartment.

According to investigators, Andres Bonilla, 20, was caring for the toddler on Nov. 21, 2017, at an apartment in the 1000 block of Greens Way Road while the child’s mother worked a shift at a nearby McDonald’s. Prosecutors said the little girl was alert and healthy when her mother left for work, but about 20 minutes later Bonilla called to report that something was wrong.

Neighbors told investigators the child began suffering seizures before she was rushed to Texas Children’s Hospital in The Woodlands, where she later died.

Bonilla told investigators the toddler had accidentally run into a wall. Prosecutors, however, said the medical evidence proved otherwise.

“[Bonilla] claimed the little girl ran into a wall, but her injuries were not consistent with that,” prosecutor Gilbert Sawtelle told jurors.

Medical experts testified that the child suffered catastrophic blunt force trauma, including spinal cord hemorrhaging, bilateral subdural hemorrhages and diffuse axonal brain injuries.

“The evidence suggests he struck her with a blunt object or struck her against a blunt object,” Sawtelle said.

Although investigators were never able to identify the specific object that caused the injuries, prosecutors argued the evidence showed they were inflicted while Bonilla was the only adult caring for the child.

During trial, the defense argued prosecutors could not prove exactly how or when the fatal injuries occurred.

“They don’t know who injured the child. They don’t know how the child was injured and they don’t know when the child was injured,” defense counsel told jurors during closing arguments.

Prosecutors countered that the medical evidence, Bonilla‘s own statements and the timeline overwhelmingly pointed to him as the person responsible.

The child’s mother, Molly undisclosed, testified that Bonilla admitted he had “freaked out” and thrown her daughter into a wall. According to court records, Bonilla also refused her request to call police and instead suggested taking a bus after the child was injured.

A Harris County jury ultimately found Bonilla guilty of reckless injury to a child causing serious bodily injury. Because he had a prior aggravated assault conviction, he faced a punishment range of five years to 99 years or life in prison. Prosecutors sought a life sentence, but jurors sentenced him to 25 years in prison. Bonilla must serve at least half of his sentence before becoming eligible for parole.

Note: Bonilla later appealed his conviction in April 2024, arguing that the trial court should have declared a mistrial after a prosecutor improperly commented on his decision not to testify during closing arguments.

The issue stemmed from the prosecutor’s statement to jurors: “He’s not going to tell us what exactly happened that night.” Bonilla argued the remark violated his Fifth Amendment right to remain silent by drawing the jury’s attention to the fact that he chose not to testify in his own defense. His attorneys contended the statement was so prejudicial that the only appropriate remedy was a mistrial.

The Texas Court of Appeals agreed that the prosecutor’s comment was improper and described its timing as “regrettable.” However, the court concluded the statement did not rise to the level of reversible error.

In reaching its decision, the court weighed three factors: the severity of the prosecutor’s misconduct, the trial judge’s efforts to cure any prejudice and the strength of the evidence supporting Bonilla’s conviction.

The appellate court found the prejudice caused by the comment was “modest,” noting that it occurred only once during the State’s rebuttal argument and was made while responding to defense claims that prosecutors could not prove exactly how the child sustained her injuries or identify the object that caused them. The judges also pointed out that jurors had already heard Bonilla’s version of events through several recorded interviews that were admitted into evidence, reducing the impact of his decision not to testify at trial.

The court further noted that the trial judge immediately instructed jurors to disregard the prosecutor’s statement. Jurors were also reminded in the court’s written instructions that Bonilla had a constitutional right not to testify and that his silence could not be considered as evidence of guilt.

Finally, the appeals court concluded the evidence against Bonilla was overwhelming. The judges emphasized that Bonilla was “the only adult and only person with Macie” when she went from being awake and alert to unconscious with catastrophic injuries. They also cited testimony from the child’s mother, Molly, who said Bonilla admitted he had “freaked out” and had thrown the toddler into a wall, then refused her request to call police and instead suggested taking a bus.

Because the court found the prosecutor’s improper remark did not influence the verdict in light of the substantial evidence presented at trial, it ruled the trial judge did not abuse his discretion by denying a mistrial.

Bonilla also challenged $1,800 in reimbursement fees included in the judgment, arguing there was no evidence he had the financial resources to pay them. The appeals court rejected that argument as well, finding the fees were lawful reimbursements for law enforcement services rather than court-appointed attorney fees.

The Texas Court of Appeals ultimately affirmed Bonilla’s conviction and his 25-year prison sentence in full.