U.S. marshals captured a Federal Way man on Tuesday morning who was charged with fracturing his 9-month-old son’s skull, causing a brain bleed when the baby wouldn’t take a nap on Aug. 25.

Thomas Ray Sims, 33, had fled the state to Indianapolis, Indiana, said Federal Way police Cmdr. Kurt Schwan. Sims is awaiting extradition back to Washington.

Sims was charged last month with assault of a child in the first and third degree. His bail had been set at $500,000 based on the likelihood that Sims will commit a violent offense, according to prosecutors. Sims was also involved in a domestic violence incident on July 5, when he hit his infant son’s head on a refrigerator.

Prosecutors believe Sims injured the infant in anger and frustration about the baby not taking a nap. Sims’ girlfriend, who had a domestic violence no-contact order against him for the previous incident, told police she was in the kitchen washing dishes when she heard him tell their son to lay down in his playpen on Aug. 25. She again heard him tell the baby, who was teething, to lie down in an angry tone, before the baby cried suddenly and loudly and then went silent, according to court documents.

Sims brought the limp baby out of the bedroom and his girlfriend called 911.

At St. Francis Hospital, doctors determined that the infant was in extremely critical condition with a skull fracture and bleeding on the brain that required surgery. A doctor determined that the injuries were most likely caused by an impact and/or shake.

While the baby was in stable condition, his prognosis is uncertain, according to court documents. Medical providers indicated he will likely require years of therapy and the injuries he sustained are life altering.

Sims was initially booked at SCORE jail on Aug. 26 for the misdemeanor order violation but was later released. He failed to appear at Federal Way Municipal Court for a hearing on Sept. 9.