MARYSVILLE (CBS13) — A babysitter is being charged in the death of an infant nearly a year after he was found unresponsive in a koi pond.

“He was a beautiful child. He was always smiling,” said his grandmother Geena Day.

At only 10 months old, Steven Ryker Gerrtt Smith’s life was cut short in a tragic accident Day believes should have been avoided.

“There was a door that was left open and he somehow got outside into the pond,” she said.

Now 19 years old, Eva London who was babysitting, is being charged with a crime.

“Very avoidable accident. It was a series of bad choices that were made, and had one of those choices not been made along the way, we would still have Steven here with us today,” Day said.

A spokesperson with the Yuba County District Attorney’s Office said after a thorough investigation they now have enough evidence that proves the London was negligent and is also charged with involuntary manslaughter.

Day said her daughter is taking it the hardest.

“Watching my child lose her own child is indescribable,” she said. “You want to try and take the pain away, but there is nothing you can do.”

It’s a tragedy that’s torn two families apart. Even the boy’s father, Richard Smith, who’s close to London’s family, is finding it hard to pick a side.

“My son needs justice, but this is my family,” said Smith.

While there’s nothing that will bring Steven back, Day wants London, to know the pain she’s caused.

“We definitely think some jail time might be a way to wake her up, I guess you could say,” she said.

Both families are now vowing to stand up for loved ones through this painful process. What they can all agree on is this was a tragic accident.

London’s bail is set at $100,000, and she’s facing 12 years behind bars. She will be back in court later this month.

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