A 3 month old baby boy who was fighting for his life at Driscoll Children's Hospital, has passed away.
The baby was first hospitalized Thursday, his father is charged with capital murder.
His father, 26 year-old mark Anthony Guerra, had originally been charged with injury to a child causing serious bodily harm.
On Thursday morning, the Jim Wells county sheriff's department got a call from a residence along CR 470 about an unresponsive child. The child was taken to Christus Spohn in Alice and later to Driscoll Children's Hospital.