HOUSTON -- A 12-year-old boy was charged with capital murder in connection with a baby's death, KPRC Local 2 reported Wednesday.Assistant Harris County District Attorney Donna Hawkins said 11-month-old DeAndre Washington was injured on March 12 and died in the hospital on March 14.
Court documents said the boy, whose name was not released, was visiting the baby's family when his mother and the baby's mother left the house, leaving the 12-year-old to care for several younger children.
Child Protective Services interviewed children in the house about what they saw.
"What they're saying is they saw the 12-year-old throw the baby on the floor. The baby started crying and then that the baby stopped crying," said Estella Olguin with Child Protective Services.
A judge ruled at a detention hearing on Wednesday that the boy must remain in juvenile detention because of the serious nature of the charge.
"Protection of the public and secondly, the wellbeing of the children involved," Harris County assistant district attorney Chris Moore said.
The pastor and attorneys for the boy said they will prove that the boy is innocent.
"This is shocking to him. He's not even realizing what's going on. He said, "I didn't do it,'" said Minister Johnny Jeremiah, the family's pastor.
"Even though we can't bring the child back, we can at least have the facts to where another child will be saved," attorney Ronald Ray said.
Hawkins said it is very unusual for capital murder charges to be filed against a child.
"I can't remember a 12-year-old charged with capital murder," Moore said.
A child must be 14 years old to be tried as an adult. Hawkins said that if the boy is convicted, the maximum punishment he could receive is 40 years in prison.
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