Juvenile Justice

8-year-old boy is charged with murder in toddler's death; mom faces lesser charge

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Corrected: An 8-year-old boy in Birmingham, Alabama, has been charged with murder in the beating death of a 1-year-old girl left in his care while the toddler’s mother was out at a nightclub, according to police.

The boy, who is not related to the toddler he is accused of killing, was the oldest of six children left home alone in October when the girl’s mother, 26-year-old Katerra Lewis, went out for the evening, police say. Katerra Lewis, who had been staying with friends at the home, was charged with manslaughter. Publications reporting on the charges include Al.com, the New York Times, the Washington Post, CNN and the Associated Press.

Police believe the boy attacked 1-year-old Kelci Devine Lewis because she would not stop crying. The toddler, who was found unresponsive the next day, died from severe head trauma and major internal organ damage, according to a police statement. The boy is in the custody of the Alabama Department of Human Resources.

Police say a 6-year-old child at the home told them what happened, and the account matched the toddler’s injuries, according to Al.com.

The stories differ on the dates of the incident. Some say the children were left home alone on Oct. 10, and others put the date at Oct. 11. All say Kelci Devine Lewis was discovered unresponsive the next day.

Alabama does not set a minimum age for prosecution, according to Tobie Smith, a staff attorney at the Legal Aid Society of Birmingham and co-director of the Southern Juvenile Defender Center. Smith told the Associated Press that there will be “very serious questions about whether an 8-year-old has the rational capacity for the proceedings against him.”

Katerra Lewis has posted $15,000 bond. Her lawyer, Emory Anthony, gave a statement to AP. “The only thing I can say at this time is to allow the process to play out,” Anthony said. “I think there will be new information coming out at the hearing.”

Kelci Devine Lewis’ grandmother, Waynetta Callens, told AL.com that there was an adult in the home on the date in question. “Katerra is not the type of parent that they are trying to portray her as,” she said.

Corrected at 9:15 a.m. to note that publications are reporting differing dates for the incident.

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