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SILVER CITY 鈥� A Wyoming woman is facing a capital murder charge in Grant County, accused of shooting her 11-month-old son rather than surrender him to his father following a divorce.

State District Judge Tom Stewart on Monday ordered Madeline Daly, 34, to remain in custody without bond through her trial, reportedly commenting the decision was for her personal safety as well as that of the public. According to District Attorney Norman Wheeler, Stewart said in court, 鈥淕iven the gravity of what鈥檚 happened, there seems to be a considerable amount of animosity.鈥�

Daly, who had been renting a dwelling in Mimbres, already faced extradition to Wyoming after a prospective employer discovered Daly was a fugitive while doing a background check and learned of an active warrant for her arrest on a charge of interference with custody.

In November, the Washakie County (Wyoming) Sheriff鈥檚 Office seeking Basil Daly but did not issue an Amber Alert because, the office said, they had no information indicating he was in imminent danger , although it was believed Daly might have left the state with him. 

According to charging documents, Daly鈥檚 former husband was granted custody of the child following the couple鈥檚 divorce, but Daly refused to return him. The child was reportedly last seen on Nov. 16.

According to the arrest warrant affidavit, Daly had lived and worked in Grant County in the past, and was staying in a metal bunkhouse where, on Dec. 23, deputies arrived to execute a warrant for her as an out-of-state fugitive. As law enforcement approached, Daly allegedly took the child into an RV whose owner refused to give deputies permission to enter.

A standoff then ensued, with deputies calling on Daly to leave the RV. It is not clear from court documents how much time passed, but while deputies sought a search warrant, they heard a gunshot and rushed into the RV.

A petition seeking Daly鈥檚 detention reported that Basil Daly had been shot in his left eye with a 9mm handgun and died at the scene despite efforts to save his life. Daly allegedly confessed to the killing and remarked to a deputy that she had not been 鈥渇ast enough鈥� to take her own life.

The affidavit quoted Daly as saying to a deputy, 鈥淚 saw the sheriffs and I knew my time was up.鈥� Although she did not disclose a specific motive for killing the child, she allegedly said, in reference to her ex-husband, 鈥淛ake can鈥檛 get Basil.鈥� Other statements she reportedly made after her arrest indicated concerns for the child鈥檚 safety in his father鈥檚 care. Wyoming court records indicate that the child鈥檚 father was granted emergency custody in October after Daly failed to appear for a court hearing.

The DA鈥檚 office said officers from the Hurley Police Department and U.S. Forest Service assisted at the scene.

Daly is charged with first-degree murder as well as first-degree felony child abuse, and has not yet entered a plea. Further proceedings have not yet been scheduled.

Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.