The Nueces County Grand Jury indicted 47-year old Laura Day, a woman accused in the drowning of her six-year old stepson, on a charge of capital murder Thursday.

Day was originally charged with child endangerment and injury to a child.

The drowning happened last October near Bob Hall Pier. Day admitted to allowing her stepson Taylor to take off his life vest, even though he was not a strong swimmer. A short time later, she said she discovered Taylor floating face down in the water. She blew into his mouth to try to revive him, and then drove him to Bay Area Hospital, but he was dead on arrival.

One of Day's attorneys, Gabi Canales, said she is shocked by the indictment, and has seen no evidence that would justify a charge of capital murder.

Day remains in the Nueces County Jail.