The alleged killer of an eight-month-old boy in Tehachapi has a recent history of child abuse.
20-year-old Tobin Phillips was arrested on Tuesday at the Fastrip in Tehachapi, just hours after police discovered the body of Phillips' girlfriend's child.
Phillips told investigators he tried to get the child to stop crying by covering his face with a pillow. The court document says Phillips told them he even sat on the pillow before swinging the boy back and forth, causing the boy's head to hit a metal futon.
The document says Phillips tried to splash water on the baby after he lost consciousness.
Phillips will be arraigned Thursday afternoon for first degree murder and child cruelty charges.
The lead prosecutor for Whitman County in Washington told 23ABC that Phillips was facing felony assault charges for injuring his three-week-old in early November.
The prosecutor said Phillps was caring for the child while his girlfriend was away. Phillips tried to calm the baby girl by swinging her in his arms, but hit her head on the door. Phillips and the child's grandmother told police it was an accident.
The prosecutor said an arrest warrant is issued in Whitman County for Phillips' arrest, but the California case will take precedent due to the severity of the murder charge.