Ector County Sheriff, Mark Donaldson, says that Max's mother, Laura Shatto, left Max and his 2-year-old brother, Kristopher Elvin Shatto, playing outside just before she came out to a shocking scene.
"She was outside with the two boys" says Donaldson, "she went inside for a bit of time, she came back out and found the boy on the ground and called 9-1-1".
Sheriff Donaldson says that authorities responded to the 9-1-1 call at 4:49 p.m. When they arrived on scene in Gardendale, paramedics were leaving with Max.
"My guys got there, the ambulance was pulling off and there was nobody there" says Donaldson.
Sheriff Donaldson says that once they arrived investigators started taking pictures of the area, to help with their investigation.
Many are focusing on the fact that Max was adopted from Russia, including the Russian Government who is using this case as an example and trying to justify their earlier decision to stop the adoptions of Russian children by American families.
But Sheriff Donaldson says that he's treating this case like any other and adds "he's here, he's a Texas kid now".
The Sheriff's office has to wait on autopsy results to come back before making a move and because this story is being looked at closesly by both Texas and Russia, Sheriff Donaldson suspects that the results should come in from Tarrant County sooner than usual.
Typical autopsy results take 8 to 10 weeks to get back.