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Attorney says baby that fell from car was restrained

The 15-month-old boy who fell from his mothers moving car Easter Sunday was restrained in a car seat at the time of the accident and is 'just fine', according to an attorney representing the 23-year-old woman.

Waco police issued a news release last week stating the baby fell from the car around 6:35 p.m. April 24 near South 18th Street and Primrose Drive.

A witness reportedly told police the child was run over by another car before his mother, Kyeshia Gaines, returned to pick him up, according to authorities.

Gaines was charged with endangering a child. The driver of the second vehicle has not been located.

Waco police spokesman Sgt. W. Patrick Swanton on Monday declined to comment on details of the case, saying determining whether the child was restrained in a car seat is part of an ongoing investigation by detectives.

But E. Alan Bennett, an attorney representing Gaines, contended the child was restrained in a car seat at the time of the accident. He said he could not speculate how the baby managed to get out the car door.

His exam in the emergency room Easter night (showed) there was no indication that he had been run over. He had a scrape to the ankle and a bump on the head . . . He just had a follow-up visit with the doctor, and he is doing just fine, Bennett said. This was an unfortunate accident.

Child Protective Services has not taken custody of the child, spokeswoman Julie Moody said.

Moody said officials typically work with parents to ensure children's safety, including the proper ways to restrain a baby in a car seat.

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