Getting your Trinity Audio player ready...

The lawyer of the Albert Lea man charged with murdering a 2-year-old boy in July at Trailside Apartments has filed a motion to suppress all confessions, admissions or statements made by his client, noting it would be a violation of his constitutional rights to use the statements as evidence.

The lawyer also motioned to dismiss the case, stating there was insufficient probable cause for the arrest of Austin Michael Navarro, 24, and insufficient probable cause to believe he committed the offense.

Navarro faces charges of second-degree murder and child endangerment after the Ramsey County Medical Examiner’s Office ruled 2-year-old Ahziyas Dampha died by blunt force injuries and that the manner of death was a homicide.

An autopsy revealed multiple bruises, abrasions, broken ribs and internal bleeding resulting from a lacerated liver and pancreas, according to prosecutors.

The court complaint stated the child was in Navarro’s care while his mother was working, along with a 3-month old baby that the woman and Navarro had in common.

The mother told police she had received the first of several text messages at 10:02 a.m. July 6, stating the 2-year-old had fallen down the stairs. She exchanged text messages asking for photos of the child to evaluate his condition and it wasn’t until more than an hour and a half later that he reportedly sent a photo showing the child with blood on his lips, severe bruising and appearing unresponsive.

After seeing pictures of the injuries, the mother left work, and when she attempted to walk into the house she had to force the door open because a knife had been wedged in the door.

She found Navarro upstairs locked behind a bedroom door with their 3-month-old baby in his arms and her 2-year-old child laying on the bed unresponsive.

When officers were dispatched to the apartments, at 504 James Ave., an officer was informed that Navarro had left the scene.

The officer stopped Navarro in the vehicle about nine blocks away, and Navarro reportedly stated he had left the scene because he was scared. The 3-month-old baby was also in the vehicle.

The infant was later also found to have broken ribs.

Prosecutors in August filed a motion stating they will seek aggravated sentencing in the case because Navarro reportedly injured the child while in a position of trust, the victim was particularly vulnerable due to age and because he was reportedly treated with particular cruelty.

Prosecutors also stated they plan to introduce evidence regarding prior domestic conduct, including bruises that reportedly appeared on Ahziyas’ arms, legs, side and face after Navarro and the child’s mother started dating. Some bruises reportedly even appeared to be shaped like handprints.

The motion from the prosecution also cited calls made in the jail between Navarro and his mother in which Navarro reportedly admitted to assaulting the child.

“He really did fall down the stairs and then they were (expletive) crying and then (Child 1) was crying and I (expletive) just punched him in the head a couple times and then I (expletive) kicked him on the side and I didn’t think it was gunna do that much you know,” Navarro was recorded as saying.

When asked why he would have done that to a baby, he responded,”I don’t know I just (expletive), I didn’t think it was, I was just all high mom.”

He blamed his actions on drugs and when asked how many times he had hurt the children before, he said it had been “just a couple other times.”

Navarro had three previous domestic assault convictions, one assault conviction, as well as two convictions for violating a domestic abuse no contact order.

The victims in those cases were a sibling and a romantic partner.

Court documents also outline an instance of domestic violence that occurred just four days before the 2-year-old’s death, in which the child’s mother was treated at the emergency room for serious injuries.

The case has been set for a contested omnibus hearing on March 8 when the motions will be heard.