LEAVENWORTH, Kan. – A 4-year-old boy died Sunday after he was taken to a Leavenworth hospital with serious injuries.
Jason Lee Jones, 33, has been charged in connection to the death of Gabriel Rivera. He is the fiancée of the boy's mother.
Jason was arrested on suspicion of felony murder, Chief Patrick Kitchens of the Leavenworth Police Department said.
"The injuries simply did not match up with the explanation provided by the family," said Kitchens.
Charges were filed by Leavenworth County Attorney Todd Thompson late Monday afternoon. Jones was charged with felony murder and a second count of abuse of a child.
Jason’s father spoke with NBC Action News about the case on Monday.
Marvin Jones said his son is living at the home in the 3800 block of Tonganoxie Road with his fiancée, who is Gabriel's mother. Jason’s 11-year-old son was questioned by police about the incident and is in protective custody.
Marvin said he has not had a chance to speak with his son yet about what happened to Gabriel, or "Gabe" as he was known to family members.
Marvin told NBC Action News his son has "had some problems and has a temper." Earlier this year, he said there was an incident when Jason spanked Gabe and it was noticed by a daycare provider. He later attended a parental class with his fiancee to work on his disciplinary method, according to Marvin.
NBC Action News found Jason also has a criminal record. According to the
Kansas Department of Corrections Web site, he spent about two years in the Lansing Correctional Facility for aggravated assault. He was released earlier this year.
The relationship with Gabe's mother had been going on about a year, according to Marvin.
An autopsy was conducted Monday. Kitchens and Thompson said the investigation into Gabriel’s death is ongoing.
