Rivera told police his sister fell Aug. 16 and started to cry, distracting him from his video game, the detective reported.
The boy “confessed that when his man in the video game was killed he became angry and frustrated,” and he picked his sister up and shook her, the detective reported.
“That is crazy,” the parents' attorney, Joan Lopez, said of the child neglect charge. “There's no evidence that this kid was going to do something like this.”
The defense attorney said both parents worked at a Chili's restaurant. She said they tried to arrange their schedules so one of them would be home with the children but that was not always possible.
“At this point, they've lost all of their children. Obviously, one to death, one is locked up and … one is in DHS custody,” the attorney said.
The maximum punishment for a child neglect conviction is life in prison.