When I was in 7th grade, a kid pulled my legs out from under me and I came down backwards straight on my head. I actually ended up in the nursing office because I got quite light headed for a few hours. Ignoring that he was a minor himself at the time (1967), if I died today and some doctor certified that it was a result of damage from that fall, should they be able to prosecute him for manslaughter, or maybe second degree murder?
I would think not. It certainly would not be fair to him or is family. It would not be “justice” in any form.
I think a child/young adolescent tripping another classmate, and an adult forcibly shaking a baby to cause the injuries this boy sustained are completely different, and criminal!