The mother reportedly filed a protective order on February 23 to have the child returned to her, and police issued an endangered child alert then upgraded it to an Amber Alert.
KFOR reports the body of Jody Minjarez was found inside a home in Oklahoma City.
KFOR reports that days later, the mother obtained a protective order mandating the boy be returned to her.
He told police Thursday that he sought refuge "in an open house" on Venice boulevard, and that he and his son were spending the night on a mattress next to a heater one night when the child died.
Online records show Minjarez was booked into the Oklahoma County Jail for first-degree murder and desecrating a human corpse. He said he went back to sleep and woke up again hours later and saw Jody was "gurgling" with bubbles around his mouth.
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However, a short time later, authorities discovered the infant's body inside the same residence, according to the station.
Police said they were unable to locate Minjarez because he was homeless.
Anyone with information regarding the whereabouts of 7-month-old Jody Minjarez or 31-year-old Victor Minjarez are asked to immediately call 911 or the Norman Police Department at 405-321-1444.
However, authorities have now said the case qualifies as an Amber Alert. However, they believed he may have been staying in the metro, a motel, or with a friend.
Minjarez is now being held in Oklahoma City Jail.