A Fairfax County grand jury indicted a Bailey's Crossroads man Monday on charges of aggravated murder and felony child abuse in the death of his 3-month-old daughter, the Fairfax County Commonwealth's Attorney's Office announced.
Misael Lopez Gomez, 28, now faces a Class 1 felony carrying a mandatory sentence of life in prison without parole eligibility. If convicted, he could also face a fine of up to $100,000.
The charges represent an upgrade from the second-degree murder and child abuse counts Lopez Gomez was initially charged with after his March 31 arrest. Under Virginia law, aggravated murder includes the willful, deliberate and premeditated killing of a person under age 14 by a person 21 or older. Prosecutors asked the grand jury for the more serious indictment "based on the facts of the case," the Commonwealth's Attorney's Office said.
"Cases like this are so rare and egregious that the law recognizes the need for a higher penalty," Commonwealth's Attorney Steve Descano said in a press release announcing the indictment.
How the case began
Fairfax County Police officers responded to an apartment in the 3400 block of Lake Street in Bailey's Crossroads at 7:32 p.m. on Thursday, March 27, for a report of an infant "not breathing," according to FCPD. Despite resuscitation attempts, Lopez Gomez's daughter was pronounced dead at a hospital that evening.
Police arrested Lopez Gomez four days later, on March 31. Detectives and hospital staff found evidence consistent with abuse during the investigation, and an autopsy determined the infant died from blunt force trauma, according to FCPD.
Preliminary hearing testimony
At a preliminary hearing on July 8, in Juvenile and Domestic Relations Court, a medical examiner testified to the extent of the injuries the baby suffered and confirmed they caused her death, according to the Commonwealth's Attorney's Office. A Fairfax County Police detective testified that Lopez Gomez admitted to law enforcement that he had repeatedly struck his daughter.
Following that hearing, the case was certified to a grand jury, moving it from juvenile court to Fairfax County Circuit Court.
Anyone with information about this case or concerns about child abuse can contact the Fairfax County Department of Family Services Child Protective Services hotline at 703-324-7400.




