Grandmother describes final days with 2-year-old before his death

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CINCINNATI (WXIX) - CINCINNATI, Ohio — A Tri-State family is demanding accountability following the death of 2-year-old Elan Bautista Aguilar, who died over the weekend nearly two weeks after suffering a traumatic brain injury.

Prosecutors have charged his mother’s boyfriend in connection with the injuries.

Grandmother describes loss

Yudis Rosario, Elan’s grandmother, said the toddler spent most of his life in her home. She said she did not give birth to him, but considered herself like a second mother to him. She said she did not know the suspect.

“When Elan entered my house, I felt happiness enter my home,” Rosario said.

“I just had him in my arms. I just had him here with me… and just like that, he’s gone,” Rosario said.

Elan died over the weekend, nearly two weeks after suffering a traumatic brain injury on Aug. 2 around his birthday.

“We were preparing to throw him a big party… but instead, we had to buy him some balloons and a few toys to bring to the hospital,” Rosario said.

Timeline of events

Rosario said the last time she saw Elan awake was a week before the incident, the longest stretch he had spent with his mother since she moved out three months earlier.

Rosario said Elan’s mother left him with her boyfriend, Sebastian De La Cruz Macal, while she went to work.

Macal called 911 that afternoon, saying the boy was not breathing and claiming Elan had been jumping on the bed before he fell, according to Rosario.

“Knowing him how I do, automatically I said, ‘No — that’s a lie. He doesn’t do that,’” Rosario said.

Police said Elan was taken to Cincinnati Children’s Hospital with life-threatening injuries consistent with physical abuse.

Court records detail injuries

Court records say Macal admitted to hitting the child, causing visible bruising.

“He had bruises here, bruises here, but his head was very swollen,” Rosario said.

Rosario said she had never seen Macal until his mugshot appeared.

“I don’t know what happened to that man to do something so cruel. He was a kid. They didn’t give him the opportunity to grow… to dream,” Rosario said.

“A happy kid. He never woke up crying — he would wake up with a smile. He was happiness. He filled my home with happiness. He filled my life with happiness,” Rosario said.

Charges and fundraiser

The family has set up a GoFundMe to help cover Elan’s funeral expenses. Macal is charged with child endangering and felonious assault and is held on a $505,000 bond. Police say the charges are likely to be upgraded now that Elan has died.

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