Mackenzy Woolfsmith was 21 months old when she died from injuries she suffered at a day home in the 100 block of Elgin Heath S.E. in May 2012.
Caitlin Jarosz, who ran the private child-care operation out of her home, was arrested Tuesday and charged.
Her lawyer, Alain Hepner, said he was retained by the family two months ago and says the arrest doesn't come as a surprise.
"Well, it's rough. She was just arrested at noon and she was charged with murder," he said. "She was at liberty for a long time while this investigation was ongoing. So I think she would feel like anyone else who has not been in the system before."
Jarosz should be making a court appearance in the next couple of days. Hepner said he will likely be seeking bail.
"[She has a] very good support system, family's very supportive. We've talked quite a bit. I've talked to her and her mother quite a bit."
Police were originally told the young girl had fallen down some stairs.
She was taken off life support two days after she was found unconscious and not breathing at the day home. The medical examiner's office later said the toddler died from multiple blunt force trauma.
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