Kyle daycare owner back in jail after infant death | The Hays Free Press

Kyle daycare owner back in jail after infant death

Posted by on Dec 3rd, 2010 and filed under Hays County, Kyle, Top Stories.


by SEAN KIMMONS

LYONS

The Kyle daycare owner who is charged in the death of the 10-week-old son of a Simon Middle School teacher turned herself into authorities last week after the Hays County District Attorney’s Office increased her bond to $500,000, officials said Friday.

Christina Suzanne Lyons, 32, had previously been released from Hays County Jail on a $50,000 bond Nov. 20, the day after she was arrested for injury to a child, a first-degree felony.

Benjamin Spencer suffered severe head and chest injuries Nov. 18 while under Lyons care at the Little Lyons Cub Daycare at 561 Keystone Loop. He died a week later on Thanksgiving from the injuries he sustained.

His father Duane Spencer is the head director of bands at Simon Middle School, Hays CISD spokesperson Julie Jerome said Monday.

His wife, Robin, is employed at a Lockhart nursing/rehabilitation center. The couple also has a three-year-old daughter.

As of Monday, Lyons remains in jail and the injury to a child charge against her has not changed. Lyons has not yet filed for legal counsel or hired a lawyer, according to court records.

Lyons could be charged with more serious crimes, including murder, by the Kyle Police Department and the Hays County District Attorney, Kyle officials have previously said.

If a person kills a child under six years old with intent, a capital murder charge could be applied. If there is no intent, it could be reduced to a manslaughter charge, investigators say.

According to an affidavit used to secure an arrest warrant, first responders told police the victim was unresponsive and was being assisted with his breathing. The infant sustained multiple bilateral posterior rib fractures and later had surgery due to “severe head trauma.” Police said that given the severity and location of the injuries, they were likely non-accidental.

Lyons told police that she left the child unattended on a sofa, approximately 24 inches high, while she went to the restroom. When she returned, she saw the child on the hardwood floor, laying face up, she said.

Police said they believe the force used to cause the injuries could not have been committed by a child. The victim, along with six other children, was under the sole care of Lyons at the time, the affidavit states.

A memorial service for Spencer was held Friday at Remembrance Gardens in Austin, according to news reports.

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  • truth??

    If Sunshine Day was being truthful maybe she would have given her real name??? And if they witnessed an infant on the couch the first time why did they take their kid back???

  • Lucy

    People name their kids strange names all of the time, look at Madonna and Gwyneth Paltrow. But if your really interested if that is her real name or not, I bet you could find out when she goes to court to testify.

  • http://yahoo wetwillie

    HOW DO THESE MONSTERS HAVE SUCH AN EASY TIME SETTING UP THESE BABY GULAGS????

  • muther_fecker

    if-u-had-a-clue,
    you shouldnt be so rude after a child has died how would you like it if your baby died or your little sibling or your grandchild you wouldnt like it much would you dont be so insensitive

  • James

    You last two are going to have to force the Hays Free Press to start monitoring comments.

    Something they will hate doing.

  • http://yahoo.com whatever

    Sunshine Day – takes her kid back after seeing neglect? I guess maybe we should question her abilities as a parent also.

  • JZ

    When you are the focal point of a criminal investigation and the prospect of a criminal charge is looming, in this case potentially capital murder, irrespective of innocence or guilt, you are foolish if you do not retain an attorney. People when faced with heartbreak and tragedy often say and do foolish things. While Ben’s death may have been the result of intentional acts, we do not know that at this time. If the death wasn’t the result of an intentional act and was the result of negligence, recklessness, or simply the result of a horrible accident, I assure you that Ms. Lyons is dealing with a myriad of emotions. If a child died in your care based upon an accident or a mistake or even negligence, I assure you that you would be in shock and beyond traumatized by the event. It is important to note that during a criminal investigation even simple innocuous acts can be taken as something they are not. Often times a lawyer is all that is there to protect you when the state has you in its sites. Everyone loves to bash lawyers until they find themselves in a situation where they need one. The fact that Ms. Lyons has hired one is not evidence of her guilt.

    This does not take away from the fact that Ben’s death is a horrible tragedy. I cannot imagine the pain and suffering the Spencer family must be feeling and my heart goes out to them. I am thankful everyday that I have healthy children and that my family has never been faced with what the Spencer family is now

    The above being said, it is important that we as citizens not jump to conclusions. Remember, the facts that you are reading in the paper are facts that were press released by the Kyle Police Department. Aside from the “Hays County Free Press,” most of the press outlets are simply reporting what has been spoon fed to them by the police and not doing any independent investigation. It is very early on in the investigation and as time passes a clearer picture of what happened that day will come forward. Ms. Lyons has turned herself in, was rearrested, and is currently in custody with a $500,000 bond so it is unlikely that she will be going anywhere anytime soon. Rather than rush to judgment as to what she may or may not have done, why not let the police and the district attorney’s office finish their investigation? In fact, why not let the entire criminal justice process run its course. There are a litany of potential charges and levels of criminal culpability ranging from negligent homicide to capital murder. There is also the possibility that this is just a horrible accident. It shocks me how folks who are only given a tiny bit of information immediately jump to the conclusion that someone should “get the chair” or “rot in hell.” I understand that the brief snippets of the articles and newscasts that say based upon the degree of injury the police and/or some nameless doctor feel that the injury could not be the result of an accident are pretty damning and might make you angry, but it is important to let all of the evidence come out before you go off half cocked and make a decision as to whether Ms. Lyons should live or die.

    Sherri Tibbe is one of the finest prosecutors in the state. She runs an efficient and fair office. The Hays County District Attorney’s Office will prosecute Ms. Lyons on the highest charges it feels it can prove to a jury beyond a reasonable doubt. As citizens, we should wait for the justice system to run its course before we start jumping to conclusions as to what “justice” is in this case.

  • Lila Knight

    Very well said – if a bit lengthy. LOL
    Our prayers should go out to everyone involved.
    And the media blogs are not the place to decide justice one way or the other. It is only meant to inform readers of what has happened in their community.

    It’s time to move on to another topic and let our justice system be the judge of what happened.

  • LT

    JZ you get the award for the only rational response on this board. Thank you for your reasonable insight, you did far better than I could. To everyone who has commented in favor of Ms. Lyons “frying”….god help you if you ever find yourself in such a situation. You must be very special to be able to sentence someone to death just by reading a one page news article. Amazing. Funny part is that you are just a media puppet…you’ll eat anything that the press puts in front of you.

    My heart breaks and prayers go out to BOTH families involved , as I can’t begin to imagine the heartbreak and trauma on both ends. There really is no winner.

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