EL PASO, Texas (KVIA)-- ABC-7 sat down with El Paso Defense Attorney Omar Carmona to get Xtra perspective on the case against Jessica Weaver. She is facing a first-degree felony charge after her 3-year-old toddler drowned in a water park this summer.
Weaver faces a charge of Injury to a child by Omission. She is being held at a jail in Indiana, where she was arrested. She will be extradited to El Paso.
"From a criminal perspective, the state of Texas is saying that there was one person that had a duty to protect that child and that person, the state is saying is the mother, and so they have, they're going to have to bring evidence to convict," said Carmona.
He said some factors prosecutors will look at is, what steps did the mother take? Was the mother just out of it for an extended amount of time? Was it quick?
"All these are factors that the state's going to have to consider," he said.
In a news conference Tuesday El Paso District Attorney Bill Hicks said there have been several witnesses who have come forward since the drowning saying they saw weaver not paying attention to her child.
Carmona said that is only one of the aspects they will be looking at if the case goes to trial.
He also said he believes juries are going to be sympathetic towards children in a case like this.
"These jurors have kids, grandkids and so, you know, they're going to put themselves possibly in a position where they're thinking, would I leave my son or daughter unattended for any amount of time at a swimming pool? And so it is definitely an uphill battle. But again, it all depends on how much evidence the state's going to have against her," he said.