A Baby Rushed to the Hospital
On July 12, 2018, Harper and Hibbens brought their infant son, Trace, to his pediatrician after the baby began seizing, according to court records.
The doctor realized something was wrong and called 911. Trace had bruises on his chest, back and neck, the records show, and he was rushed by an ambulance to San Antonio’s University Hospital.
Doctors diagnosed the baby with a subdural hematoma and retinal hemorrhages. Swelling cut off blood flow to much of Trace’s brain, leaving him unable to eat regular foods and likely to have seizures for the rest of his life. Court documents state Trace will probably never be able to walk or talk.
Both parents told doctors the child had been with Harper the previous night. Harper initially said the family’s dog had jumped on the baby, according to court records. Later, he told investigators that Trace had accidentally struck his head on the kitchen counter while Harper was holding him.
Doctors and investigators soon questioned that explanation. Medical experts later testified that the injuries were consistent with significant force and most likely non-accidental. One doctor testified that some of the injuries could’ve resulted from the baby hitting his head on the counter, but that explanation wasn’t consistent with the "degree of the injuries” and Trace’s broken ribs. They also noted scratches on the infant’s body, some resembling finger marks. Investigators said the medical evidence—combined with Harper’s shifting explanations—pointed to abuse, and arrested him.
Another Infant Death
While Harper awaited trial, investigators also revisited a case that had initially been ruled an accident: the death of a 4-month-old boy named Ethan on March 4, 2012.
At the time, Harper had been staying overnight with Ethan’s mother, his girlfriend. In the middle of the night, according to court records, Harper woke her and said the baby wasn’t breathing.
Harper first told detectives that Ethan had choked while drinking from a bottle. Later, Harper offered another explanation, saying that he had been feeding the baby when he fell down the stairs and landed on top of him.
Authorities did not immediately charge Harper in the child’s death. But a year after Trace was hospitalized, a Bexar County grand jury indicted Harper on a charge of capital murder of a child under 10, accusing him of striking, shaking and throwing Ethan against a wall and floor.
If convicted, Harper could face life in prison without the possibility of parole.
News reports at the time said Ethan’s mother initially believed the death was an accident and did not learn the full details of the investigation until years later, after Trace was injured.
The First Trial
When Harper’s trial in the injury case began in November 2022, prosecutors argued that Trace’s injuries were the result of violent abuse, not an accident. Doctors testified that the infant’s brain bleeding and retinal damage were typically seen in cases involving shaking or severe impact.
Harper took the stand in his own defense. He told jurors Trace’s injuries were the result of a terrible accident in the kitchen. He said he was holding the baby while preparing a bottle and feeding the dog when Trace suddenly threw his head backward.
Harper said he tried to steady the infant but accidentally struck him, sending Trace’s head into the marble countertop. Trace’s eyes rolled back, Harper testified, and he performed CPR until the baby appeared to recover.
Harper said he feared authorities would take the child away — especially after the earlier investigation into Ethan’s death. “I was just scared,” Harper told jurors of why he initially lied to the doctor. “Scared to lose my son, scared to lose my life and scared not to be believed.”
During the trial, Harper’s attorneys tried to call a medical expert who would have testified that the injuries to both infants could have been caused by accidental trauma, including a fall or low-speed impact. However, the trial judge barred the expert from testifying remotely by video.
After deliberating, jurors rejected Harper’s explanation. They found him guilty of injury to a child causing serious bodily injury, and the judge sentenced him to 99 years in prison—the maximum penalty allowed.
The Appeal
Harper’s attorneys appealed his conviction in 2023, raising several concerns about how the trial had been handled. Among them, they argued that the trial judge improperly blocked a defense medical expert from testifying.
The appellate judges agreed. In a decision issued July 29, 2024, the Eighth Court of Appeals in Texas ruled that the trial judge made a significant error by blocking the expert testimony. Without it, the judges wrote, Harper had little ability to counter the prosecution’s medical evidence.
What Comes Next?
Harper’s retrial is scheduled to begin March 23, 2026, in Bexar County.
Prosecutors previously argued the conviction should stand, saying the trial judge acted within his authority in limiting the expert testimony. Harper’s defense attorneys say the appeals court reached the correct decision, and that a new jury will now hear the full range of medical evidence before deciding what happened to Trace.
The outcome of that retrial will also determine what happens next in the separate capital murder case involving Ethan’s death, which has remained on hold while the appeal played out.
