CORRECTIONS: This story makes two corrections. Suspect Devin Smith has a prior conviction for disorderly conduct. The deceased toddler tested positive for flu, but negative for swine flu.

MOUNT VERNON — A 2-year-old who died over the weekend was scared of her uncle, who was charged Thursday in the toddler’s death, according to a statement the child’s aunt gave police.

Court records indicate that Sania Amarie Dupree, who died late Saturday or early Sunday, had suffered previous injuries while her aunt, Regina Brantley, was at work.

Prosecutors Thursday filed a magistrate’s warrant on a first-degree murder charge to hold Brantley’s husband, 25-year-old Devin Smith of Mount Vernon, in the Skagit County Jail, prior to filing charges in Skagit County Superior Court. Bail for Smith, who had a previous conviction for disorderly conduct, was set at $1.5 million.

In the week before Sania’s death, her aunt noticed bruises and swelling on the toddler’s face, according to an affidavit filed by prosecutors in Skagit County District Court. Smith told the aunt that Sania hurt herself on a trampoline or fell down the stairs, according to the affidavit.

The statute under which Smith is being held alleges that the girl’s death was caused by extreme indifference, meaning prosecutors contend that he caused the death of another while he was engaged in conduct that created a grave risk of death.

Sania’s mother, meanwhile, is serving in the military in South Korea and now is reportedly heading to Mount Vernon. She had left her daughter in the care of her sister, Brantley, who has a 5-year-old daughter of her own. It was unclear whether that child is related to Smith.

About 12:45 a.m. Sunday, paramedics and police were called to the East Broadway home of a neighbor of Smith’s and Brantley’s. The toddler was declared dead at Skagit Valley Hospital.

Smith told police he awoke to a thumping sound and found Sania on the bathroom floor, according to the affidavit. He told police she wasn’t breathing, but he felt a pulse.

Smith said he tried CPR, then went to a neighbor for help rather than call 911 himself, the affidavit said.

Although Smith denied Sania was hurt while in his care, he later said he dropped her on the garage floor when he took her there to try CPR, the affidavit said. The uncle told police that he and the sleeping 5-year-old were the only people with Sania for the five hours prior to the 911 call.

At the hospital, the pediatrician saw no signs of injury but took a swab to test for the possibility of flu, according to police.

The test for flu was positive, though a test for swine flu was negative. But an autopsy Monday revealed two skull fractures, broken ribs, bruising on her back, an eye injury and a heart injury that could have caused immediate death, according to the affidavit.

The pathologist said the broken ribs were inconsistent with CPR injuries and that Sania had blood clotting in her skull, which indicated a previous injury, the affidavit said.

The aunt told police that Sania had been listless and not eating prior to her death. Brantley also described two different incidents in which Smith had told her that Sania had been injured while reportedly playing on the trampoline. The aunt told police that she was upset that Smith hadn’t told her about the injuries until she asked about the bruises, according to the affidavit.

Smith also told Brantley that Sania had been kicked by the 5-year-old girl, but the aunt told officers the severity of the child’s bruises made her doubt his explanation, the affidavit said.

Brantley told police that “she didn’t know why, but when Smith is gone everything is fine, and when Smith arrives home, (Sania) will say ‘help me’ and then starts crying,” the affidavit said.

Marta Murvosh can be reached at 360-416-2149 or .