LUBBOCK, Texas — Madison Rodriguez, 23, of Lubbock was re-indicted Tuesday on a lesser charge of aggravated assault in the death of her son, 1-year-old Mason. Rodriguez was previously indicted for capital murder.
In June 2015, police and EMS were called to the 1800 block of East 25th Street for the report of a child not breathing. An hour or less after police received the call, Mason was pronounced dead.
An autopsy revealed a skull fracture.
“The trauma indicates a non-accidental injury which caused his death,” court records said.
According to court records, a few days after Mason’s death, Rodriguez admitted she forcefully threw Mason onto the floor. Her boyfriend at the time, Charles Dylan Flournoy, said he dropped Mason.
Both admitted, according to court records, they did not seek medical attention for Mason.
Flournoy was previously charged with injury to a child. The charge was still pending as of Tuesday. On the new indictment against Rodriguez, a trial date has been tentatively set for February 10.