Babysitter Terry McKirchy got a light sentence 36 years ago after pleading no contest to attempted murder for shaking 5-month-old Benjamin Dowling so severely that he suffered permanent brain damage — weekends in jail for three months and three years probation.

But now McKirchy is facing a possible life sentence after a Florida medical examiner says Dowling succumbed to those injuries when he died in 2019 at the age of 35 after a life with severe mental and physical disabilities.

A Broward County grand jury recently indicted McKirchy, 59, with first-degree murder and she is now jailed near her home in Sugar Land, Texas, pending her return to Florida. McKirchy, who has previously denied injuring the boy, has waived extradition, the Broward State Attorney’s Office said. The South Florida SunSentinel first reported the arrest.