Adrian Roberto Avalos was found in the house at 2533 SW 51 when firefighters were called about 11:50 p.m. April 28. He later died from his injuries.
Prosecutors allege Noemi Lopez, 24, and her boyfriend, Antonio DeJesus Guillen, 27, neglected Roberto by leaving him unattended for several hours “while they were away getting intoxicated,” court records show.
Lopez and Guillen, according to a probable cause affidavit filed with the charges, left the boy home alone about 11:30 p.m. and went to a bar in south Oklahoma City.
They did not return home until about 2 a.m., after police contacted them through Lopez's mother, the affidavit states.
Two others, including Guillen's ex-wife, are accused of intentionally setting the fire that caused the boy's death.
Lorese Paulina Cruz, 26, and Julio Cesar Nevarez, 20, both of Oklahoma City, are charged with first-degree murder, first-degree burglary and first-degree arson.
Cruz planned to rob the residence to get back at her ex-husband, records show.
A witness told police Cruz said Guillen was not paying child support for their daughter and she planned the burglary to steal money, drugs and anything else of value, according to a probable cause affidavit.
Investigators recovered a missing television and computer at the home of Nevarez's parents, police reported. Nevarez and Cruz are boyfriend and girlfriend.
Nevarez denied going to the residence and participating in the burglary, telling investigators he and Cruz told two Hispanic men which house to burglarize and what to take, according to the affidavit.
He told investigators that he and Cruz were unaware there was a child in the house, police reported.