DENISON, TX -- A man has been accused of murdering a Denison girl in December of 2012.
More than a year after 3 year old Breanna Perry's death, 33 year old Justin Robert Boyce of Sherman, was arrested for her murder. His attorney, Bob Jarvis, calls Boyce's arrest a mistake.
"It's just taken them a long time to figure out who they want to accuse of this, and frankly I think they got the wrong person," said Jarvis.
On November 28, 2012, Denison police responded to a call of injury to a child. EMS picked breanna up at a house on Mundt Street in Denison where she was living with her mother and her mother's boyfriend. She was flown to a Dallas hospital, where she later died.
"Doctors determined there was a skull fracture and some bruising in the head areas." said Denison Police Lieutenant Mike Eppler.
Eppler says there was also evidence that the toddler was choked and their investigation led them to believe Boyce was responsible for her death.
"It does not matter how the family feels about the person arrested for this crime what does matter is that someone be held accountable for any and all actions towards the innocent 3 year old little girl." said Jarvis.
Jarvis says the investigation has been rushed and two other people should have been more closely investigated as suspects.
Meanwhile Boyce is in the Grayson County Jail on charges of capital murder, murder and injury to a child with intent to cause serious bodily injury his bail is more than one million dollars.
"Either it's capital murder, or it's a murder or it's injury to a child why don't y'all pick one if you're sure that Justin did it? Jarvis said.
Jarvis says he will prove that Boyce is innocent.
"There's no doubt that poor girl was hurt and killed and that's a terrible tragedy, but they have to be able to prove beyond a reasonable doubt which of those suspects actually committed the crime," said Jarvis.
The case is expected to go before a grand jury in the next two weeks.