MIDLAND, Texas — Authorities say a 28-year-old Midland man has been charged with capital murder in the death of a 5-month-old baby.

Midland police say Timothy Allen Penn was charged with capital murder Monday after the baby died Sunday. The baby had been hospitalized since June 21.

Police have said Penn was arrested June 22 after telling officers he struck the child multiple times. At that time, he was charged with injury to a child with intent to cause serious injury. He remained in Midland County jail Tuesday. Bond on the injury to a child charge was set at $250,000. Bond hadn’t been set yet for the capital murder charge.

A message could not be left at a number listed for his attorney.

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