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Why isn't there a murder charge in the Baby King case?

In an interview with KENS 5 back in January, District Attorney Joe Gonzalez did say charges could potentially be upgraded.

SAN ANTONIO — Police don’t believe the death of baby King Jay Davila was an accident, so why wasn't anyone been charged with murder?

That's what one group was asking Tuesday after the baby's body was discovered in a field days after his disappearance. 

Multiple people have been arrested and charged in the staged kidnapping and death of the 8-month-old, but protesters say more should be done.

"We feel like the charges that are pending aren't enough," said Jasmine McGill the executive director of King's Angels, on Tuesday morning.

King's Angels is a nonprofit created in the weeks following the death of baby King Jay. Its purpose: to help children who may have been a victim of child abuse or poverty.

Baby King Jay Davila's body was found in a field nearly a week after his disappearance in January, with authorities led there by the infant's mother's boyfriend, Chris Davila. He's one of several people who have been arrested and charged in the staged kidnapping and death of the 8-month-old.

An indictment alleges Chris struck the baby with an object and failed to seek medical treatment, resulting in the infant's death.

Despite being the one who eventually led authorities to the baby’s body, Chris Davila is only facing an injury to a child charge. 

"It's very frustrating," McGill said. "The DA had mentioned in an interview not too long ago that he was even looking at capital murder charges and we want to know what happened."

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In an interview with KENS 5 back in January, Bexar County District Attorney Joe Gonzalez did say charges could potentially be upgraded.

"Pending the results of the autopsy, this case could be upgraded to something more serious than injury to a child," Gonzales said in that interview seven months ago.

The autopsy released back in February indicated the death of the King Jay was ruled a homicide by blunt force trauma, according to the medical examiner's office. 

"We have charged all the people where evidence supports a charge related to the death of baby King Jay Davila and concealing evidence of the crime," Gonzales said in a statement to KENS 5 on Tuesday. 

Regardless, McGill vows to continue to fight for more.

"We're not going to be stopping anytime soon," she reiterated as she stood by a sign that read: "Remember King Jay."

A trial for Chris Davila is expected to begin next week. He faces five to 99 years or life in prison for the injury to a child charge.

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