The capital murder charge filed against a Texas boy accused of killing a baby when he was 12-years-old has been downgraded.

A Harris County grand jury re-indicted the juvenile, who’s now charged with felony injury to a child in the death of the 10-month-old boy in March.

Defense attorney Ronald Ray told the Houston Chronicle that the maximum possible penalty, 40 years behind bars, remains unchanged.

Other children at the home where the infant was killed told investigators that the 12-year-old threw Deandre Washington to the floor.

The boy’s family, however, says the baby's 7-year-old brother tossed the infant, who had been crying, down some stairs or over a second-floor railing.

Assistant District Attorney Perry Jo McCollum declined comment.

No trial date has been set.