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Arturo Santiago Pena-Almanza Jr. was initially arrested Wednesday and charged with abandoning or endangering a child, but authorities determined that the death was not accidental and that Pena-Alamanza hit him several times.
He is now being charged with capital murder of a person under 10. The child was 2-year-old Jeremiah Degrate Rios, the son of a woman Pena-Almanza Jr. was seeing. The three lived in the Irving home where the body was found, after police responded to a report of an unconscious person Tuesday morning.