Oklahoma City pediatrician returns to court Monday, faces aggravated manslaughter charge

An Oklahoma City pediatrician accused in the death of her 4-year-old daughter in Florida is due back in court Monday as her case moves toward a November trial.

Neha Gupta’s attorneys filed a written not guilty plea on Thursday after her charge was reduced from first-degree murder to aggravated manslaughter of a child.

Related: Oklahoma pediatrician now facing aggravated manslaughter charge in Florida

The change in charges means Gupta is no longer eligible for the death penalty. Under Florida law, aggravated manslaughter applies when a person’s actions are believed to have caused the death of someone under 18, even without intent to kill. It carries a potential prison sentence of up to 30 years.

News 9 Legal Analyst Irven Box said the move was surprising, pointing to a medical examiner’s report that he believes supports a deliberate act.

“Based on what I've seen from the autopsy report that was revealed through the medical examiners, it showed everything consistent with her or someone doing a deliberate act,” Box said.

Prosecutors in Miami-Dade County have filed a motion to keep Gupta jailed until trial, despite the new charge being a bondable offense. That motion will be heard Monday afternoon.

Related: Former OKC pediatrician is extradited to Florida for 4-year-old daughter’s murder

Background of the case

Gupta was arrested July 1 at her Oklahoma City home after investigators in Florida accused her of killing her daughter, Aria Talathi, and staging the scene to look like an accidental drowning at a Miami-area Airbnb on June 27.

Related: Oklahoma pediatrician arrested, charged with murder of 4-year-old daughter

According to the initial arrest warrant, Gupta told police she found her daughter in the pool in the middle of the night. But the Miami-Dade medical examiner reported finding no water in the child’s lungs or stomach, injuries inside the mouth consistent with smothering, and bruising on the cheeks. The report concluded the child died before entering the pool.

Investigators also noted the girl’s father did not know she and Gupta had left Oklahoma, and that the two were in the middle of a custody battle. Oklahoma court records show Gupta had been ordered to undergo a psychological evaluation in May.

Gupta was extradited to Florida on July 16 to face a first-degree murder charge. Body camera video released later that month showed her arrest in Oklahoma City.

Related: BODYCAM: Former metro pediatrician arrested, accused of killing daughter and staging death

Her attorney has called the case “a rush to judgment,” saying the child’s death was an accident and criticizing investigators for arresting Gupta before all evidence, including toxicology results, was available.

Related: Oklahoma pediatrician accused of staging 4-year-old daughter's drowning in Miami pool, MDSO says