The Harris County District Attorney's Office confirmed with Eyewitness News on Thursday the added felony charge against the woman who was already charged with tampering with evidence in the death of Samuel Olson.
Samuel was the focus of an intense search in the Houston area from late May into early June.
The search, though, came to a tragic end when the boy's body, along with Balboa, was found in a motel room in Jasper, Texas, on June 1. She was taken into custody.
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Since her arrest, additional details came to light about Samuel's disappearance and passing. A document filed in Balboa's capital murder case on Thursday accuses the 29-year-old of killing the child on May 12.
Two other people have also been arrested and charged with tampering with evidence in connection with Samuel's death.
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Balboa's next court date had already been scheduled for next Monday. She remains behind bars on a $600,000 bond.
Prosecutors have filed a motion in the case to deny bond for Balboa.
At this point, the district attorney's office said they have not determined if they will seek the death penalty in the case.
The medical examiner determined that Samuel died from homicidal violence with blunt trauma to the head.
Charging documents for Balboa allege that she struck him but do not say with what. On June 24, the lead prosecutor told ABC13 that they found the weapon that may have been used to kill the child.
When Eyewitness News reached out for comment regarding Balboa's new charge, Dalton Olson, Samuel's father, was not aware of it and declined to comment, but he said nothing makes sense anymore.
Meanwhile, ABC13 reached out to Tonya Olson, Samuel's grandmother, who said she is happy that Balboa has been charged. Tonya issued this statement:
"We are completely devastated and broken over our Sammy. Taking it minute by minute every day. But we are extremely happy that they have charged her. And we will be just as happy when they charge Ben [Rivera, Balboa's roommate] as well. This doesn't help the pain. But it's bringing justice for Sammy!"
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