The parents took their unresponsive son, Eduardo Rocha Ovalle, to New York University Medical Center around 9 p.m. on Tuesday. About thirty minutes later, the baby was declared dead. The medical examiner's officer declared the death "somewhat suspicious" and noted bruising on the child's body. New York Police Commissioner Ray Kelly said that the investigation, while awaiting the autopsy results, is moving forward.
The autopsy results will determine whether criminal charges are filed.
Police interviewed the father, Mexican consular officer Eduardo Rocha Bracamontes, 36, and his wife Gina Ximena, 26 Wednesday evening. The father had earlier claimed diplomatic immunity when police were summoned to the hospital although it was determined that his immunity was only applicable to his professional responsibilities.
NYPD had responded to the couple's East 32nd apartment twice since September for verbal arguments that did not result in any arrests.