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Mayra Lizbeth Rosales is accused of murdering her nephew last Spring, only problem is she is too obese to put in jail. Rosales’ lawyers are trying to argue that because of her weight, that she would be unable to move her arms to hurt the child.

Mayra Rosales is a big problem for Hidalgo County, Texas because the 1000 lb. woman is too large to put in a jail cell, even though she is being charged with murdering her nephew.

An attorney for Jamie Rosales (the mother of the dead boy), who is charged with injury to a child for leaving her son in the care of his bedridden aunt, said his client believes the death was possibly caused by the morbidly obese woman rolling onto the toddler.

“It was an accident,” Oscar Vega told The Associated Press.

Mayra Rosales, 27 year old, who weighs at least 800 pounds, was indicted last week in the March 18 death of Eliseo Gonzalez Jr., 2 year old, who prosecutors say was hit twice in the head while being watched by his aunt.

Rosales told police that Eliseo’s death was an accident. Mayra said the child had fallen off a chair and when she fell, her right hand hit the little boy on the head and killed him.

But an autopsy showed that Eliseo had skull crushing injuries that were “consistent with blunt force trauma”. The coroner did not find Rosales’ story to match the injuries of the child.

Mayra Rosales was convicted on first-degree murder charges and one count of injury to a child. The warrant was made for her arrest, but the Hidalgo County Sheriff Office were unable to take Rosales into custody.

Rosales couldn’t be moved from her bedroom because she couldn’t fit through the doorway! Also, their jail isn’t equipped for someone well over 500 lbs. Rosales was booked at her home in bed and was released on a personal recognizance bond.

A state district judge on Monday agreed not to send Rosales to jail provided she wear a global positioning system tracker until her trial.

Rosales’ sister, Jamie Lee Rosales, Eliseo’s mother, was also charged with one felony count of injury to a child. Child Protective Services had already warned Jamie Rosales not to leave her children in her sister’s care because she was not capable of caring for them correctly.

Officials are trying to figure out what they can do with Mayra Rosales, due to her huge size.

“We’re struggling to find a place where she can be kept under lock and key,” Rene Guerra, the Hidalgo County district attorney, told Themonitor.com. “We have to wait and see what the judge decides.”

Sheriff Trevino estimates that it could cost tax payers about $5,000 dollars a day to incarcerate Rosales.

“The cost may be astronomical,” Trevino said, adding, “but you can’t put a price on justice.

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