Cristian Fernandez "acted with premeditation" when he smashed his helpless brother David Galarrigo so badly that he fractured his skull causing a bleeding brain and bruising to his left eye.
He died two days after the vicious attack at his family home in Jacksonville, FL.
Assistant State Attorney Mark Caliel told said the boy acted with premeditation when he beat the toddler on March 14.
He said: "The brutal beating death of a 2-year-old is one of the factors that we must consider."
A father to an 11-year-old girl himself, he added that he never thought he would be prosecuting someone so young for a crime so serious.
He said: "It's a tragic set of events to say the least."
Fernandez's mother Biannela Susana has also been charged with aggravated manslaughter by culpable negligence and is scheduled to go to trial in September.
Police say she initially told investigators that Galarriago was hurt in a fall at the family's Southside apartment, reports The Florida Times Union.
If Fernadez is convicted of first-degree murder, he could be sentenced to life without parole.
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