ALBUQUERQUE, N.M. (AP) – The lawyer of a mother accused of suffocating her 3-year-old son says her client tried to surrender to police on an unrelated charge only hours before the boy was killed.

Public defender Lee Hood said Wednesday that 23-year-old Tiffany Toribio went to police on May 12 but officers declined to arrest her on a warrant for driving without insurance.

Toribio was fined $159 in July 2008 but failed to pay when she lost her job.

According to Hood, she went to police to resolve that issue.

Toribio faces first-degree murder and other charges in the death of her son, Ty.

She told police she suffocated Ty before dawn on May 13; his body was found May 15 buried in sand at a public playground.

Prosecutors have until June 8 to take the case to a grand jury.

Only subscribers are eligible to post comments. Please subscribe or to participate in the conversation. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.