Darlene Phillips, the grandmother of "Wylie's Angel" Gerren Isgrigg, has been indicted on a new charge, injury to a disabled elderly person or child.
The additional charge makes the case against Phillips a two-count indictment in which prosecutors said the woman abandoned the boy in a place where he couldn't receive care unlikely to receive nourishment.
The charge is a second-degree felony. Phillips is still under indictment on a capital murder charge, a first-degree felony, in connection with the boy's death.
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The new charge makes way for a possible plea agreement where the murder charge may be thrown out in favor of the new charge and a lighter penalty.
Isgrigg was found on April 15, 2010, near a pond in Wylie. For several days investigators tried to identify the boy and find his family before Phillips was located.
He was possibly left for three days before his body was found, according to the autopsy report.
The boy had been under the care of his grandmother since being abandoned by his mother, Nyki Phillips.
NBCDFW's Randy McIlwain contributed to this report.