|Updated: 11/27/2013 5:19 pm
||Published: 11/27/2013 5:04 pm
The Tulsa District Attorney explained why he believes the aunt of two young girls should be charged with their murder.
Mishah Moses is accused of leaving her two young nieces inside their London Square Apartment unattended while there was food on the stove.
The girls died when a fire started in the apartment.
Mishah Moses was initially arrested on a child neglect complaint; child neglect is a felony. According to the DA's office it's that felony charge that makes this a murder case.
"My babies lives have been lost and now I'm fighting for my daughter's life," Chrisandria Moses, the girl's grandmother, told FOX23 on Tuesday.
She said she doesn't understand why the district attorney's office would charge her daughter with murder.
"She got up and changed Noni's diapers. She got up with Noni; she would have never done anything intentionally to hurt them," said Chrisandira Moses.
But Assistant District Attorney Steve Kunzweiler said the charges have nothing to do with intent.
He says Noni and Nylah Mosesdied because they were neglected by Mishah Moses when she left them alone in the apartment with food on the stove.
"Their death was a consequence of the neglect that took place inside the home. Certainly it's a tragedy all the way around, but in the end, under Oklahoma law, we have two dead children, who were put in the positions we believe and evidence would support they were in a neglected state," he said.
Mishah Moses was initially charged with child neglect, a felony; according to Kunzweiler if someone dies because of a felony crime, it becomes a second-degree murder charge.
He said the DA's office understands why the family is angry or upset with the charges, but said they are working on behalf of the victims, the two young girls who died.
"Family member's input (is) always going to be important but we can't let emotions impact filing decisions. That's not the way our system of justice has been set up," he said.
Miashah Moses faces 10 years to life in prison if convicted.