The key words in this "story" are may and could. The prosecutor hasn't done anything yet, and most likely won't even consider charging her with murder. Because of the death, though, the police have to treat the case as a homicide.
I agree that they have to treat it as a homicide because the 5 year-old says that she did it on purpose. It is really messed up because it does meet the definition of first degree murder, but then, the “murderer” is only 5 and not able to comprehend the consequences of their actions, in that death is final.
“Because of the death, though, the police have to treat the case as a homicide. “
eh? The police have to collect evidence and fill out the paperwork. In cases like this they don’t decide what charges to bring, the State Attorneys office does.