Less than two years after nine-month-old Maliyah Johnson was found unresponsive in a Mesquite home, both of her parents are headed to prison for decades. Destiny Avila and Leon Johnson took plea deals in early June, abruptly ending a case that rattled their neighborhood and left many wondering how a baby could waste away in plain sight.
According to court records reviewed by CBS News Texas, Avila, now about 25, and Johnson, now about 24, pleaded guilty to injury of a child with intentional severe bodily injury and were sentenced on June 8, 2026. Avila received a 44-year prison term with credit for 538 days served, while Johnson was sentenced to 45 years with credit for 530 days. Both began serving their sentences immediately after entering their pleas.
Where the Case Began
First responders were called to the 3500 block of Byrd Drive on Dec. 13, 2024, where they found Maliyah already deceased and “extremely malnourished,” according to police reports and local coverage. As detailed in the arrest affidavit and reported by the Fort Worth Star-Telegram, the child had not been eating, and her father told officers he had been giving her Pedialyte in place of some meals because she would throw up food. Investigators concluded that the adults’ failure to adequately respond to the child’s deteriorating condition contributed to her starvation, a finding reflected in the language of the arrest documents.
Why the Charge Was Reduced
Avila and Johnson were initially booked on capital murder charges. Under Texas law, the killing of a child under 10 is classified as capital murder, an offense that can carry a sentence of life in prison or the death penalty. The parents instead pleaded guilty to injury to a child with intentional severe bodily injury, an offense defined in Texas Penal Code §22.04. The original capital murder allegation is covered under Texas Penal Code §19.03.
Prosecutors sometimes agree to reduce charges in exchange for certain convictions and lengthy sentences when they conclude that a negotiated plea is the surest way to secure accountability. That approach mirrors broader prosecution practices described in guidance such as the U.S. Department of Justice’s principles on charging decisions and plea agreements.
Context: Neglect and Child Fatalities in Texas
Statewide data show this case is part of a grim pattern. Neglect remains a leading factor in child fatalities in Texas, with infants and toddlers at the highest risk, according to annual reviews by the Texas Department of Family and Protective Services. Recent fatality reports from the agency indicate that a large share of confirmed maltreatment deaths involve children under age 3 and that many of those deaths are attributed to neglect, underscoring how rapidly very young children can decline without consistent, appropriate care.
Hoodline previously reported on the December 2024 arrests and the discovery inside the Mesquite home, and the new guilty pleas and June 8 sentencing mark a significant update to that earlier chapter of the case. For residents watching how local officials respond to tragedies like Maliyah’s, prosecutors and child-safety advocates in the Dallas area have said in prior cases that they weigh the strength of the evidence, the potential risks of trial, and the need for long-term punishment when deciding whether to accept plea deals in serious child-death prosecutions.
