DCS: Man indicted for murder of 2-year-old in Cochise County

Posted at 9:42 AM, Apr 01, 2020
and last updated 2020-04-01 13:23:53-04

COCHISE COUNTY, AZ — An Arizona man has been indicted for murdering a 2-year-old boy earlier this year.

A report released Monday by the Arizona Department of Child Safety shows that a Cochise County grand jury indicted 21-year-old Mario Toscano Jr. on January 9 for aggravated assault, child abuse, and second-degree murder.

According to the Cochise County Sheriffs' Office, Toscano was arrested January 5, after 2-year-old Emilio Smith, who was in his care, was found unresponsive. Investigators say, "Emilio had signs of physical trauma including multiple bruises in various stages of healing."

DCS immediately removed Emilio’s sibling and placed the child in foster care.

A DCS statement says Emilio was pronounced brain dead on January 7 and was kept on life support until his death four days later.

The DCS report also says that they received three prior reports concerning Toscano, Emilio's mother, or Emilio himself.

In October 2015, it was reported that Emilio's mother neglected a sibling of Emilio. However, the family could not be located. Three years later, another neglect report was filed against Emilio's mother. This time, Emilio was given over to a family member.

In August 2018, Toscano was accused of providing marijuana to his minor-aged siblings, but there wasn't enough evidence to substantiate the allegation, according to DCS.

His next court appearance is scheduled for April 13.