A kindergartner was charged with attempted murder in the near-fatal beating of an infant after authorities concluded that the evidence was stronger against him than the older schoolmates who were with him that night.
Prosecutors filed only burglary charges against 8-year-old twins who allegedly joined the 6-year-old in the break-in Monday night at the home of 4-week-old Ignacio Bermudez. The baby remains in critical condition Friday.The 6-year-old may be the youngest person ever charged with attempted murder in California, Contra Costa deputy district attorney Harold Jewett said.
The three boys, whose names have not been released because of their age, allegedly went into the apartment in Richmond to steal a tricycle. They were in juvenile detention pending a custody hearing Friday. Jewett said he will ask to have the 6-year-old held in custody indefinitely.
Although police initially had said all three boys had been involved in beating the infant, prosecutors later said the evidence was strongest against the 6-year-old.
"There is sound reason for making distinctions of culpability among the three boys," Jewett told The Sacramento Bee. But Dennis Murphy, the senior deputy district attorney, said the 8-year-olds could still be charged with attempted murder if more evidence emerges.
The 6-year-old faces a maximum penalty of nine years in juvenile custody, and the 8-year-olds face a maximum of six years.
The baby, found asleep in a bassinet while his 18-year-old stepsister was in another room, was kicked, punched and possibly hit with a stick, police said.
Ignacio remained in very critical condition early Friday with skull fractures and bleeding in his brain. He was on a ventilator and anti-seizure medication.
The baby has begun to show some deliberate movement, which could be a good sign, but he almost certainly will have some permanent physical and brain damage, Dr. Sharon Williams said.
Speaking out for the first time Thursday, the infant's parents avoided calling for vengeance.