A 3-year-old Illinois boy died Sunday morning, days after his aunt allegedly shoved him off Chicago's Navy Pier into Lake Michigan and watched him drown.
Victoria Moreno, 34, was charged last week with attempted murder and aggravated battery of a child under the age of 13 causing permanent disability, but it's unclear if charges will be upgraded.
A spokesperson for the Cook County State's Attorney's Office told the Daily News Monday that "additional charges may be filed after the medical examiner's office and police department have completed their investigations."
Surveillance footage shows Moreno shoving the boy, identified by family members as Josiah Brown, off the pier and into the water six feet below on Monday, according to the Chicago Tribune.
He struggled for half an hour before someone else pulled him out of the water, police said.
Josiah was rushed to the hospital in critical condition with a swollen brain, bleeding in his lungs, multiple seizures and several episodes of cardiac arrest, Assistant State's Attorney Lorraine Scaduto said in court Wednesday.
Moreno is being held without bail and is due back in court on Sept. 30.
Moreno initially told police that she didn't know her nephew, then that she was holding his shirt and let go because he was "acting up," sources told Fox 32.
Earlier Monday, she had allegedly taken Josiah from his grandma's house, where he was staying, and drove off, despite being banned from driving because of medication she was taking for a mental illness.