Prosecutors said the 3 year old boy’s aunt, Victoria Moreno, 38  waited until no one was looking and pushed the boy off Chicago’s Navy Pier and fell 6.5 feet into Lake Michigan.

The 3 year old Illinois boy has died from injuries six days after his aunt pushed him off Chicago’s Navy Pier. Cooks County Medical Examiner confirms that the toddler died shortly after 10a.m Sunday, September 25. The boy was identified as Josiah Brown.

The aunt Victoria Moreno pushed the child into the water and watched him drown, Morerno did nothing to help the child who vomited twice and sank before witnesses could help him.

Chicago’s fire department found the boy at the bottom of the lake after a 6.5 foot drop

Prosecutors said the boy suffered from a swollen brain, seizures, and bleeding in his lungs. The child’s heart was depressed as well, necessitating a heart infusion.

Moreno was arrested in less than an hour after the boy was pulled out of the water, Victoria was charged with first-degree murder and aggravated battery of a child. Moreno was denied bail at a court hearing Wednesday where the defence argued that she has mental health issues, NBC Chicago reported.

At the Navy pier, Moreno allowed the boy to crawl under a chain-link fence blocking access to the water, when she saw people watching then pull the boy towards her, prosecutors said. When no one was around she climbed over the fence and pushed the boy off the platform.

The boy was in the water for 30 minutes when divers pulled him out from the bottom of the lake, according to prosecutors.

NBC News had reached out to her attorney for comment, her next court appearance is scheduled for Friday.