Gabriella Boyd died on Saturday, soon after arriving at a Westchester, New York, hospital

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May 01, 2018 02:40 PM

Police in New York’s Westchester County allege that a 28-year-old mother killed her 2-year-old daughter on Saturday — less than 24 hours after refusing to comply with a court order transferring custody of the child to her father.

Two Mamaroneck police officers responding to a 911 call about a child in distress tried to revive the dying daughter of Cynthia Arce, but during their efforts, Arce allegedly wounded them with a knife, police said at a press conference.

The officers allegedly had to use a taser on Arce before non-fatally shooting her, police said. It is unclear how many times Arce was shot, but she remains in the hospital and her condition was not immediately clear.

Police have yet to comment on how Gabriella Boyd died, but attempts to revive her on Saturday were unsuccessful.

The toddler died soon after arriving at a nearby hospital.

Prosecutors have yet to file charges in Gabriella’s death.

On Saturday, police responded to Arce’s home after receiving a 911 call about a child in distress.

Martin Rosen

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“The female then attacked the officers with a knife, injuring two of them,” said Mamaroneck Police Sgt. Sandra DiRuzza, speaking to reporters over the weekend. “Tasers were deployed which failed to stop the female.”

Father Wants Answers

Martin Rosen, an attorney representing Gabriella’s father, Stephen Boyd, tells PEOPLE the little girl’s death “could have been avoided.”

The day before, according to Rosen,  two Mamaroneck officers came to Arce’s residence to transfer custody of the child — but left without the girl.

At a press conference Monday, Rosen said he wants to know why police left Arce’s residence on Friday without the little girl.

Boyd, Rosen said, accompanied the two officers, who presented Arce with the custody order.

“When police requested the child to be given to them she refused and shut the door,” Rosen alleged Monday. “I’ve never seen a case where there is a court order where police refused to execute it. The child was not secured by the police.”

The parents shared custody of Gabriella, but Arce had the girl Friday and Saturday.

Friday’s court order granted temporary physical custody to the father, who’d expressed concerns for his daughter’s well-being.

Rosen said his client, in securing the court order granting him custody, brought up “some rather bizarre behavior of the mother, that she was diagnosed with bipolar, that she had made multiple attempts of suicide.”

Rosen said he pleaded with authorities Friday to execute the court order, telling them the little girl was in danger.

He said he told police “that if God forbid, anything happens to this little girl, there’s going to be holy hell to pay.”

PEOPLE’s calls to the Mamaroneck police seeking comment on Friday’s interaction with Arce were not returned Tuesday.

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