Long but series of updates:
The infant in a viral child abuse video suffered a fractured skull, according to the affidavit FOX13 found.
The affidavit reads that Christian Banks, who was arrested on Aggravated Child Abuse charges for Neglect and Endangerment stemming from his video recording, told police he went to see his girlfriend Faith Moore and saw a broken window and heard screaming from inside the home.
It says Banks told police he tried to get his son from the Moore who had a deflated air mattress over the infant while she was screaming statements about Satan. He also told police, according to the affidavit, Moore refused to give him the infant and that he finally picked up the infant when she threw the boy at him.
"Contrary to what the defendant told officers on the scene, Ms. Moore was praying to God while sitting on the floor covered by the mattress," reads the affidavit.
The video posted to FOX13's Facebook that Banks admitted to recording is 13 minutes long; FOX13 removed the video from its Facebook page because of the images that are disturbing to some. FOX13 did send the video to Memphis police July 20.
In the video, you can see the infant laying on the floor crying. The mother throws the child at one point and encourages another child in the room to throw the child.
The affidavit says Banks "antagonizes her by saying, 'you've done it now, you're going to jail.' At no point does he attempt to render aid to the infant or other child present. He had several opportunities to pick up the infant and leave the apartment but instead he chooses to stand there and record her continuing abuse."
"I know it took a while; I know it," said Banks' attorney William Massey, "But there was a reason it took a while, and part of the reason is because he didn't know what she had under that cover and she was hysterical."
At the end of the 13 minute video, Banks picks up the infant and leaves.
"This is really, really hard on him. He does not understand why he went in and tried to help his child, tried to rescue his child and why he is being charged," said Massey.
The affidavit says Le Bonheur Children's Hospital treated the child for an Occipital Skull fracture.
Banks will be back in court July 31 for a bond hearing. He's currently being held on $250,000 bond.
As of Tuesday, Memphis police have not charged Moore.
UPDATE Tuesday, 10 AM:
Christian Banks' attorney William Massey told FOX13 he is confused why he's being charged with child abuse when he was trying to save his newborn son.
Banks is the father who admitted to FOX13 he recorded a 13 minute video of his son being abused and thrown by the mother. He appeared briefly in court Tuesday morning.
Massey told FOX13 Banks did not know if the mother, Faith Moore, had any weapons hiding under a deflated air mattress she had while he was recording the video, which is partly why Massey told us Banks did not pick up the infant sooner. Moore was taken to Lakeside Behavioral Health System following this incident.
"Mr. Banks has no training at all handling the mentally ill," Massey later wrote to FOX13, "What he did while police were in route was what he thought was the right thing to do. When he could safely get the child, he did, and took the child to safety."
Massey added he wants to show everyone in court the full 13 minute video before any judgment is cast on Banks. FOX13 received the 13 minute video originally through Facebook and sent it to Memphis police.
"If he waited too long or made a wrong choice, is this aggravated child abuse or neglect?" Massey wrote to FOX13.
A warrant for Banks for Aggravated Child Abuse was issued Thursday. Massey told FOX13 he was with Banks when he turned himself into U.S. Marshals.
Moore's family tells FOX13 she is back at Lakeside following a minor episode. They added there is a custody hearing for the infant boy Tuesday morning.
FOX13's Sarah Bleau is at the courthouse and will continue to update this report.
-----
UPDATE Tuesday, 9:00 AM:
Custody hearing for the child seen being abused in a disturbing cell phone video.
U.S. Marshals arrested the child's father Monday on two counts of Aggravated Child Abuse.
Banks admitted to FOX13 he video taped the incident.
-----
Monday, July 27:
Memphis police confirm to FOX13 U.S. Marshals arrested Christian Banks on two counts of Aggravated Child Abuse.
Last week, FOX13 first reported Banks told us he recorded a video of his then 19-day-old son being thrown and abused by the newborn’s mother, Faith Moore. The video widely circulated on Facebook after Banks posted it.
A warrant was issued for Banks Thursday; Memphis police told FOX13 his charges stem from him recording this video.
According to Tennessee Code 37-1-403, if an adult knows a child is being abused, they are required to immediately report it or face subsequent charges.
Vince Higgins with the Shelby County District Attorney’s Office told FOX13 last week Aggravated Child Abuse carries a 15 to 60 year sentence, depending on the person’s criminal record.
The infant’s family told FOX13 they will be at a custody hearing Tuesday morning to see who will receive custody of the newborn.
They added Moore is at Lakeside Behavioral Health System following a minor episode. She was initially taken to Lakeside for a mental evaluation July 17 when the police responded to the initial abuse incident which Banks recorded.