ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man who claims he just got custody of his four kids is accused of killing one of them, a two-year-old girl. Court documents reveal new details about what led up to the child’s death. Police were called to the family’s mobile home near San Pedro and San Antonio on Friday. Paramedics tried to save the girl but couldn’t.

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According to the criminal complaint, two-year-old Diana McGrory had bruising on most of her body including her hips, face, top of ears, torso and back and the medical investigator said her injuries could lead to a brain bleed. There were also burns on her body and she was emaciated. The girl’s father, Michael Garcia, told police the injuries were from Diana hitting her own head against the wall and the burns were from the stove or pot of water.

Garcia lives at the home with his four kids and his mother, who told police her son doesn’t work and stays home to take care of the children. She also told police that there was a recent incident where Diana was acting up and Garcia put the child in the bath to clean her and the woman heard a “boom.” She says when she asked Garcia what that noise was, he said the child had thrown herself down.

Detectives also spoke with neighbors who say they’ve heard loud yelling from the family’s home on multiple occasions. 

The Albuquerque Police Department says it’s carefully continuing the investigation. “While I understand the neighbors and the public at large wants to know more about it, we really have to be very careful about what we say and what we don’t say involving children, other siblings, any kind of history involving that,” says Gilbert Gallegos, APD’s Director of Communications. 

The complaint says the other children told police they get spanked with a belt by Garcia and their grandma. Garcia is being held at the Metropolitan Detention Center on charges of child abuse resulting in death. 

According to court records, Garcia petitioned for custody of the children in 2017 after being arrested for abusing their mother. The criminal charges against him were later dismissed. On Friday, the other children were placed in New Mexico Children, Youth, and Families Department’s custody. KRQE News 13 reached out to CYFD for a comment on this case but did not hear back.