Three - year - old Benjamin Brown was left in his mother 's hot tub on July 7 . Legal ##ity : Finding means death was caused by human activity , not natural causes . Despite the medical examiner 's ruling , the decision about whether to press criminal charges is made by the state 's attorney , said CNN Legal Analyst Paul Callan . Prosecutors say a criminal investigation is still ongoing .
Three - year - old Benjamin Brown was left in his mother 's hot tub on July 7 . Legal ##ity : Finding means death was caused by human activity , not natural causes . Prosecutors say a criminal investigation is still ongoing .