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CHICAGO (WGN) — Charges have been upgraded for a woman accused of fatally pushing her 3-year-old nephew off Navy Pier into Lake Michigan.

Victoria Moreno, 34, is now charged with first-degree murder in the death of the toddler, police say.

According to police, Moreno pushed the boy into the water off Navy Pier in the early afternoon of Sept. 19.

The 3-year-old was in cardiac arrest when he was lifted from the water around 1 p.m. and arrived at Lurie Children’s Hospital in very critical condition following multiple heart attacks and seizures. Divers found him at the lake bottom about a half hour after he fell in.

The boy died on Sept. 25, according to the Cook County Medical Examiner’s Office.

Moreno was arrested and initially charged with attempted first-degree murder and aggravated battery to a child under the age of 13 causing permanent disability.

She is due in bond court Tuesday.