DENVER - A grandmother of a15-month-old baby who was found dead on Wednesday at her parents' home was arrested on Thursday, but she was later released.
Kimberly A. Powell, 48, was arrested for investigation of child abuse resulting in death. Denver Police say she was released from jail on Thursday afternoon pending further investigation.
Investigators say an autopsy was completed on Thursday, but authorities did not determine a cause of death. 9Wants to Know has learned it could take weeks or months to learn her cause of death.
Police say new information obtained by investigators caused them to release Powell.
"We certainly had enough probable cause to arrest her yesterday and that has not changed, but we believe based on the new information and in an effort to protect her rights we have to continue our investigation and get complete autopsy results," Lt. Matt Murray with the Denver Police Department said.
Police say she's still a suspect in the case.
The toddler, Amber Enard, was slapped numerous times, her head "rammed into a wall," according to the arrest affidavit obtained by 9NEWS.
Court documents say Amber had bruising on her chest, abdomen, back, shoulder, face and forearm. According to testimony given to the police, Amber soiled herself while lying on the carpet and was slapped in the head afterwards.
According to court documents, Powell told police she cleaned off the feces from Amber's leg and then asked another family member for a change of clothes. She had not noticed that Amber had soiled herself until she stepped in the feces in the carpet.
After cleaning up Amber, Powell told police Amber was sitting on the bed when Powell fell asleep. One of the people in the home went to check on the children around 6:30 a.m. The witness touched Amber and said Amber was lying face down in her pillow and was not breathing. Another person in the home called 911 and attempted CPR. Amber was pronounced dead at Children's Hospital Wednesday.
According to the Colorado Bureau of Investigation's records, this is not Powell's first encounter with the law. She has an extensive record with vehicle theft in the past, as well as charges of parole violation, shoplifting, disturbing the peace and not appearing in court when scheduled.
Murray tells 9NEWS police got a call at 7:06 a.m. Wednesday from the home at 10000 block of East Virginia Avenue about a baby not breathing. When officers arrived, they observed bruises on the girl's body.
Amber's father, Emanuel Enard, says when he woke up Wednesday morning he found his daughter unconscious.
"We thought she had suffocated. When my wife found her, she found her with her face in the pillow," Enard said.
On Wednesday, Enard told 9NEWS he has a hard time believing that his Powell would do anything to harm his daughter.
"They're suspecting her but I don't believe he did it," Enard said. "That's my mother-in-law, that's grandma, and grandma is a damn good grandma with the kids."
Neighbors say Enard and his wife are known for throwing house parties almost every night.
"We hear a lot of screaming from their home," Charlie Jackson, a neighbor, said.
"My daughter is 1 years old. She's teething. What am I supposed to do? Put my hand over my daughter's mouth and tell her to stop crying?" Enard responded.
Enard says he and his wife were questioned by police, but they were released later in the afternoon. He says another family member was questioned as well.
"It really depends on who is the primary caregiver," Det. John White with the Denver Police Department said. "It could be a baby sitter, it could be a mother, it could be a father, it could be a sibling. It just depends on the situation and who is involved, and in this case our investigators believe that we have enough information to arrest the grandmother."
This is not the first time a suspect in a young child's death has been released from jail.
In 2007, 3-year-old Neveah Gallegos' mother and boyfriend were arrested in connection with her death only to walk out of jail more than a week later. Eventually, Miriam Gallegos was sentenced to 12 years in prison for her daughter's death. Angel Montoya's case has not yet been resolved. At last check, his trial was supposed to start last February but had been postponed.
(KUSA-TV © 2011 Multimedia Holdings Corporation)
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