In California, a daycare owner finds herself at the center of an alarming incident after allegedly being “intoxicated” while caring for 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, her legal troubles deepened when she exited the San Joaquin County courthouse on Thursday with a second-degree murder charge. The Manteca Police Department stated that officers were dispatched to Helus’ residence—where she operated her daycare—following a distress call reporting the infant was “not breathing.”

Upon their arrival, they discovered another adult attempting CPR on the child. Authorities noted that Helus appeared to be “intoxicated.”

Christian was first admitted to a local hospital on the afternoon of October 22 and subsequently transferred to Oakland Children’s Hospital. Sadly, he was removed from life support on October 24. The police indicated there were no visible signs of trauma, although the autopsy findings have not yet been made public.

Following her arrest, Helus was initially charged with child endangerment and detained at the San Joaquin County Jail, from which she was later released on bail. Her legal situation took a turn during her court appearance on Thursday, where, as reported by local ABC station KGTV, she was formally charged with second-degree murder in relation to Christian’s death. Additionally, she faces accusations of willful cruelty to a child and inflicting great bodily harm resulting in death.

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.