A California woman managing a day care center reportedly appeared “intoxicated” while in charge of an infant who later became unresponsive.

Roxanne Helus, aged 49, initially faced charges of child endangerment following the tragic death of 4-month-old Christian Olvera on October 22. However, after her court appearance at a San Joaquin County courthouse on Thursday, those charges escalated to second-degree murder. The Manteca Police Department stated that officers were dispatched to Helus’ residence, where she operated her day care, after receiving reports of a baby who had stopped breathing.

Upon arrival, officers found another adult administering CPR to the infant. Authorities noted that Helus was “intoxicated” at the time. Christian was promptly transported to a local hospital on October 22 before being transferred to Oakland Children’s Hospital. Sadly, he was removed from life support on October 24. No visible signs of trauma were found, though autopsy results have yet to be disclosed.

Following her arrest, Helus was initially charged with child endangerment and held in the San Joaquin County Jail before posting bond for her release. Her court appearance on Thursday resulted in an additional charge of second-degree murder, as reported by local ABC affiliate KGTV. She also faces accusations of willful cruelty to a child and inflicting great bodily harm leading to death.

At the time of the incident at Cherished Years Daycare, Helus’ home-based service, four other adults were present, supervising three additional children. Fortunately, no other children were harmed during the incident.

Police said that at the scene at Helus’ home-based service, Cherished Years Daycare, there were four other adults assisting with the care of three additional children. No other children were harmed.

Helus was ordered to go back to jail, where she is being held without bond. Her attorney, Eugene Kilbride, called Christian’s death “a terrible and tragic incident, and I do want to extend my heartfelt condolences to the family.” However, he did not believe that there was “willful conduct” to merit a murder charge.

Erica Valdivia was a cousin to Christian, and she told KGTV, “On Friday, Oct. 24, as a family, we joined Christian’s parents in the room as they disconnected him from life support, and that pain was unbearable, watching him take his last breath.”

Helus is due back in court on Dec. 4.