The baby died (two days later) as a result of blunt force trauma to the head on March 12, 2009. According to CPS officials, the baby's mother and the mother of the 12 year-old left five children unattended while they went out.
The police informed the boy's mother that he confessed when questioned - of course there is no mention made of whether the boy was advised of his Miranda rights or whether he made an intelligent waiver of those rights. There is also no mention of whether his parents were notified the police were questioning him.
According to the Texas Penal Code:
A person commits an offense (murder) if he:(1) intentionally or knowlingly causes the death of an individual;(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in the immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
Additionally, a person commits capital murder if he murders someone under the age of six.
Now aside from the obvious questions of whether a 12 year-old can really grasp the concept of murder or develop the actual intent to kill someone, I want to know why the adults involved haven't been charged with any criminal act. The mothers knowingly left five children unattended while they went on about their business. The mothers knew exactly what they were doing and they knew it wasn't a very good idea.
Now, because of their decision, a 12 year-old boy is facing no future and the possibility of 40 years behind bars. Losing one child is tragic, losing two is inexcusable.