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Rochester, MN (KROC AM News) - An Eyota teenager is expected to plead guilty to killing his younger brother.

The Olmsted County Attorney’s office initially charged Kaleb Smith with 2nd-degree murder and felony assault in juvenile court a few days after the death of the 5-year-old on June 1st last year.

Because of the severity of the crime, the case was scheduled to be transferred to adult court. But County Attorney Mark Ostrem says due to a number of delays, the filing of the adult complaint did not take place until last week.

Ostrem says Smith - who turned 18 in February - has agreed to plead guilty to a 1st-degree manslaughter charge. He is tentatively scheduled to be sentenced on May 27th.
The criminal complaint says Smith told investigators the younger boy had been sent to his room and was “kicking and hitting the bed and flopping like a fish.” Smith said he went into his brother’s room and put his hand over his mouth for “one to two minutes” and pinched his nose until he became unresponsive.

Their mother had left home for a short period and returned to find the boy and called 911.

The boy was taken to the hospital where he was pronounced dead.

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