Pa. 10-year-old charged with murdering infant Heath Ryder

(CBS/WHP/AP) - A 10-year-old girl has been charged with third-degree murder in the shaking death of infant Heath Ryder in central Pennsylvania. Police say both children were in the care of babysitter Dottie Bowers when it happened last summer.

Bowers, 56, has been charged with involuntary manslaughter and endangering the welfare of a child, reports CBS affiliate WHP.

Bowers was watching the children when the girl, then 9, allegedly shook the baby and threw him into a crib. Heath died of blunt force head injury, according to the station.

Investigators say Bowers did not call 911 when she thought something was wrong, reports the station.

Jason Kutulakis, the 10-year-old's lawyer, says a mental evaluation shows she is incapable of murder. "But she's smart enough to understand that she's been accused of committing a horrible act and, she, I believe, is internalizing," Kutulakis said to WHP. "It's been emotionally hard for her."

The babysitter was released on bail, she is not to have contact with children.

The 10-year-old charged with murder will be tried in juvenile court.