The report from the state Office of Medical Examiner says the death of 21-month-old Mariano Hernandez was a homicide, not an accident.
The Las Cruces Sun-News (http://bit.ly/UKQJW8) reports Mariano died April 22 at an El Paso hospital two days after a family friend told police he started choking on a piece of candy as he rode in a car.
The autopsy shows a reenactment of the actions the caretaker told investigators he took to try to save Mariano could not have caused his injuries.
A spokeswoman for the 3rd Judicial District Attorney's Office said Thursday an investigation is ongoing.
Information from: Las Cruces Sun-News, http://www.lcsun-news.com