Prosecutors replaced an earlier second-degree murder charge with aggravated murder after presenting the case to a Fairfax County grand jury.

FAIRFAX, Va. — A Fairfax County grand jury has indicted a 28-year-old father on aggravated murder and felony child abuse charges in the death of his 3-month-old daughter, escalating a prosecution that began after the baby was found unresponsive at a Bailey’s Crossroads home in March.

Misael Lopez Gomez had initially been charged with second-degree murder after Fairfax County police investigated the infant’s death. The Commonwealth’s Attorney’s Office later asked the grand jury to approve the more serious murder count, saying the evidence supported an allegation that the child was deliberately killed. An indictment is a formal accusation, not a finding of guilt, and prosecutors must prove every element of the charges in court. Lopez Gomez is presumed innocent unless convicted.

The case began at about 7:32 p.m. March 27, when officers were sent to the 3400 block of Lake Street for a report of an unresponsive infant. Police found the baby was not breathing and began cardiopulmonary resuscitation. Fairfax County Fire and Rescue Department personnel continued emergency treatment before taking the child to a hospital, according to police and prosecutors. The infant was later pronounced dead. Authorities have not publicly identified her, and the available reports do not disclose who called emergency services or describe other people who may have been present at the home. Police said Lopez Gomez was caring for his daughter when she became unresponsive. Detectives and hospital employees observed signs they believed were consistent with abuse, according to a March 31 police statement. Preliminary autopsy findings from Virginia’s Office of the Chief Medical Examiner listed blunt-force trauma as the cause of death. Officials have not publicly released the full autopsy report, a detailed description of the child’s injuries or a final timeline of what occurred inside the residence.

Investigators arrested Lopez Gomez on March 30, three days after the emergency response. Police announced the arrest the following day and said he faced second-degree murder and felony child abuse charges. The arrest moved the inquiry into the court system, but the later grand-jury decision changed the central homicide accusation. The felony child abuse count remained part of the prosecution when the indictment was announced July 20.

A Fairfax County police detective testified during an earlier preliminary hearing that Lopez Gomez admitted repeatedly striking the infant, according to the Commonwealth’s Attorney’s Office. That reported statement is an allegation that may be examined through motions, testimony and other evidence as the case proceeds. The publicly available reports do not state whether the defense disputes the account, whether the interview was recorded or whether Lopez Gomez has entered a plea to the charges returned by the grand jury.

The aggravated murder count carries requirements beyond proof that a death occurred. Virginia law includes the willful, deliberate and premeditated killing of a child younger than 14 by a person who is at least 21 among the acts that can constitute aggravated murder. Lopez Gomez was 28 and his daughter was 3 months old, but prosecutors would still have to establish the required mental state and the other elements of the offense beyond a reasonable doubt. The age of the accused and the victim does not, by itself, establish guilt.

Aggravated murder is classified as a Class 1 felony under Virginia law. A conviction can result in life imprisonment and a fine of up to $100,000. The possible punishment is substantially greater than the range attached to second-degree murder, which Virginia law generally makes punishable by five to 40 years in prison. The filing of the aggravated count therefore raises both the legal stakes of the case and the burden facing prosecutors at trial.

Fairfax County Commonwealth’s Attorney Steve Descano described cases of this kind as rare and severe when his office announced the indictment. He said state law recognizes a higher penalty for certain killings and that his office would use the legal tools available in prosecuting serious violent crimes. His statement explained the decision to seek the aggravated charge but did not present a complete summary of the evidence expected at trial.

The grand jury’s action did not determine whether Lopez Gomez committed the offenses. Under Virginia law, a regular grand jury reviews proposed indictments and decides whether there is sufficient probable cause to return a “true bill.” That standard allows a prosecution to move forward but is lower than the beyond-a-reasonable-doubt standard required for a criminal conviction. The defense generally has an opportunity later to challenge evidence, question witnesses and present its own case.

The available accounts do not identify an attorney speaking for Lopez Gomez. They also do not report a defense response to the allegation that he struck his daughter. Without that information, the public record remains largely based on statements from police, prosecutors and other government agencies. Those statements describe the basis for the charges, but they are not a substitute for evidence tested through the adversarial court process.

A separate federal issue emerged after Lopez Gomez’s arrest. The Department of Homeland Security said he is a Guatemalan national who entered the United States unlawfully and that Immigration and Customs Enforcement lodged a detainer requesting custody if local authorities were to release him. An immigration detainer is separate from the state criminal prosecution. It does not prove the murder or abuse allegations and does not change the prosecution’s obligation to establish the criminal charges in court.

The federal agency publicly urged Virginia officials not to release Lopez Gomez before immigration authorities could assume custody. Fairfax County’s criminal case, however, concerns the infant’s death and the conduct prosecutors allege occurred while she was in her father’s care. The immigration issue may affect custody if the state case no longer requires his detention, but it is not an element of aggravated murder or felony child abuse.

Early reports said a proceeding was scheduled for July 23 to address the future course of the case. The reviewed public sources did not establish a subsequent trial date or disclose the result of that scheduling proceeding. They also did not identify a plea, a ruling on the admissibility of Lopez Gomez’s reported statement or any newly filed evidence following the indictment.

The case will now depend on what prosecutors can prove about the infant’s injuries, the timing of those injuries and Lopez Gomez’s state of mind. Medical evidence, emergency-response records, witness testimony and any admissible statements could become important if the case reaches trial. Until those matters are presented and tested in court, the indictment remains an accusation and the central allegations have not been adjudicated.

Author note: Last updated August 3, 2026.