Bend Christmas Day assault victim dies; family awaits autopsy for answers

(Update: Adding mother's comments)

BEND, Ore. (KTVZ) -- In the early morning hours of Sunday, Daphne Banks took her last breath.

Now, her family is looking for answers in what they say was no accident.

She had been on life support for weeks at St. Charles Bend, with her daughters, Laci and Rio Killian, by her side.

"I just wish I could tell her I love her one more time," Laci said Monday.

Back on Christmas Day, she was brought to St. Charles Bend with life-threatening head injuries.

"She was the type of person who would do anything for anyone, at any time," Rio said.

Randall Kilby, 36, the man police said could be responsible for the alleged assault, called 911, saying Banks fell and hit her head.

"We immediately went to the guy's house, because we knew she didn't fall," Laci said.

Daphne's mother, Kathryn Boutott, shares the same belief as her granddaughters about what did -- or at least didn't -- happen.

"My daughter don't fall," Boutott said. "I miss my angel -- she was always my angel."

Although Kilby was arrested shortly after the incident on second-degree assault charges, he has since been released, and no formal charges have yet been filed. But he could be facing murder charges, according to Deschutes County District Attorney John Hummel.

No charges have been filed as of yet, but Hummel said that's because they have not compiled enough evidence of what happened.

An autopsy expected to be done by next week could change that, depending on the results.

"Hopefully, that will get done and shed some more light on what happened," Rio said.

Both daughters also mentioned that Banks' phone is still missing, and if found could be helpful in the investigation.

Since 2004, Kilby has been involved with 29 criminal cases in Deschutes County, which leads her family to believe something terrible happened to Banks.

Her daughters say they are glad she is no longer suffering, but they will continue to fight for answers, and justice.

"We told her we loved her," Rio said. "We told her that we wouldn't stop until justice was served, because she did not deserve this."