MUSKEGON, Mich. (WOOD) — A father is facing a murder charge in connection to the death of his infant daughter.

Muskegon police arrested 32-year-old Justin Smutz on an open murder warrant for the death of 1-year-old Adalynn Smutz.

Police say Adalynn died May 25 inside a Muskegon home after being left unattended with her 2-year-old sibling in a bathtub filled with water.

“He had an upstairs window open and you could hear him say, ‘The baby is not breathing, the baby is not breathing.’ … Next thing you know, the police officer came,” a neighbor who didn’t want to be identified told 24 Hour News 8 on Wednesday.

He said police showed up to the home in the 1200 block of Spring Street around 8 p.m.

“Someone asked if the baby is going to be alright and the paramedic said they were going to do the best they can,” the neighbor said.

But attempts to revive Adalynn failed and she was pronounced dead.

The day before she died, Smutz’s son was found wandering the streets. Police say it took 45 minutes to find his dad. Neighbors say it was the second time that day a child got out of the house unsupervised.

“I’ve seen the baby run out several times, even one incident I wanted to go out, but someone had drive by and took the baby home,” the neighbor said.

Children’s Protective Services had received complaints that Adalynn was being neglected, 24 Hour News 8 has learned. The Office of Children’s Ombudsman, a watchdog that monitors CPS, is investigating how CPS handled those complaints and caseworkers’ actions prior to the death. The goal of that investigation will be to find out if CPS should or could have done something differently that might have saved Adalynn’s life.

“It should have been more investigation because … the police gave the child back to them and look what happened,” the neighbor said.

The Office of Children’s Ombudsman only investigates if CPS had contact with a family in the two years prior to a child’s death.

Wednesday, Smutz remained in the Muskegon County Jail awaiting arraignment.

When 24 Hour News 8 went to the home to get Adalynn’s mother’s side of the story, no one was home.

SMUTZ’S CRIMINAL HISTORY

Smutz’s criminal record dates back to 2002, according to Michigan State Police records obtained by 24 Hour News 8. Smutz previously pleaded guilty to a misdemeanor assault charges in 2002 and 2004. He was convicted of domestic violence in 2008.

According to court documents, Smutz got into an argument that escalated into a physical fight with the mother of one of his children on Dec. 27, 2008, during a house party. One of the guests contacted police, the court documents state.

Prosecutors said Smutz wrote the victim nearly a dozen letters, instructing her how to testify and behave during his trial. Prosecutors said Smutz even promised the victim he would sign his car over to her.

In 2009, Smutz pleaded guilty to domestic violence. He was convicted of intimidating a witness several months later. In 2014, he pleaded guilty to disorderly person, operating a vehicle while impaired and domestic violence in three separate incidents.