3-Year-Old Not Expected to Survive After Aunt Allegedly Threw Him off Pier, Watched Boy Sink

The victim, who has not been formally identified, is suffering from a swollen brain and bleeding in his lungs

A 3-year-old boy who spent at least 30 minutes at the bottom of an Illinois lake is not expected to survive — and authorities allege it was his own aunt who'd hurled him into the water.

Officials confirm to PEOPLE a judge denied a bail request from Victoria Moreno on Wednesday.

The 34-year-old Des Plaines woman has been formally charged with attempted first-degree murder and aggravated battery to a child, PEOPLE confirms.

As of press time, the victim, who has not been identified, was at Ann & Robert H. Lurie Children's Hospital of Chicago, still receiving medical care.

The Chicago Sun-Times was in court for Wednesday's proceedings, during which Moreno was accused by Assistant State's Attorney Lorraine Scaduto of shoving her nephew into the waters of Lake Michigan on Monday.

Scaduto told the court Moreno took the keys to a relative's car, and drove with the toddler from Des Plaines to Navy Pier, a Chicago destination that attracts scores of tourists.

According to the article, Scaduto alleged that Moreno threw the boy into the lake before taking a seat on the edge of the pier, where she watched as he slowly sank out of view.

Victoria Moreno.Chicago Police Department

Authorities were called to the scene, and divers were summoned to scour the lake's bottom for the boy. They surfaced with him after 30 minutes.

The child was rushed to the hospital in cardiac arrest.

The Sun-Times report states that the victim is suffering from a swollen brain and bleeding in his lungs. He has experienced multiple seizures and multiple events of cardiac arrest since being pulled from the water.

"Not once during any of these events did the defendant scream for help, call for help, ask for help or try herself to help," Scaduto said Wednesday, the Sun-Times reports. "When the police arrived, the defendant pretended not to know anything about the child."

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In fact, Scaduto alleged that the aunt waited until the area was clear of people before grabbing the boy up and throwing him into the lake, according to the article.

Moreno was arrested at the scene. She is due back in court on Sept. 30, at which time she'll be asked to enter pleas.

Patrick Shine, Moreno's public defender, argued in court Wednesday his client suffers from mental issues and has never done anything like this before.

"I believe that something happened … inside of her," Shine said. "I don't think anyone can say what my client was thinking. This incident is an anomaly in her background."

Shine could not be reached for comment on Thursday.

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