By MEGHAN GLOVA
CENTRAL OREGON DAILY NEWS
A Bend woman injured in an alleged assault on Christmas morning has died, her family said Monday.
Bend resident Daphne Killian-Banks spent weeks on life support and passed away early Sunday morning.
“She’s no longer hurting, she’s no longer scared.” Rio Killian, daughter of the victim said. “We believe she’s in heaven, we believe she’s found happiness and peace.”
The 43-year-old mother was injured on Christmas, sustaining a head injury, according to police.
The suspect, 35-year-old Randall Kilby of Bend, was arrested for assault but has since been released.
“The fact we haven’t filed charges yet is evidence of one thing” John Hummel, Deschutes County District Attorney said. “It means that we don’t yet have sufficient evidence.”
Hummel says an autopsy will be done this week and will be critical in this case.
“The suspect says it was an accidental fall,” Hummel said. “If it was an accidental fall, the death won’t change that fact. If it was a crime, the death elevates the crime from an assault to a homicide.”
Killian wants murder charges to be filed and is concerned that Kilby is not yet in custody.
“It’s important for the community to stay safe, it’s important for everyone to be aware,” Killian said. “He is out walking the streets and he’s very dangerous, I just want everybody to know that.”
“If there is evidence that somebody killed a domestic partner, they will be charged,” Hummel said. “We’ve done that.”
Hummel says he expects results from the autopsy to be ready by next week.