Published: Mar 11, 2014 3:18 PM EDT
Updated: Mar 11, 2014 7:03 PM EDT

LEE COUNTY, Fla.- A Lehigh Acres daycare owner, charged in the drowning of a little boy, will go to trial.

A judge decided Melissa Smith will face a jury on June 2nd. 

For the family of two year old Christian Byrd, the pain of losing him almost one year ago, is still fresh.

"Christian was my only grandson. My daughter's only boy. All we really want is justice for Christian," said Christian's grandfather, John Lemonakis.

But the road to the family's "justice," just got more clear.
Wearing green, Christian's favorite color, the family listened Tuesday as a Lee County judge told Melissa Smith, she will face a jury in june.

Investigators say last June, Smith left Christian and three other children unattended in a portable pool.

Christian drowned.

WINK News spoke to Smith's attorney, Robert Harris, who says he hopes the case doesn't get to trial.

When asked if they would take a plea deal, Harris said.

"I know the victim's family is hurting, I know they must be in great pain, I am a father myself. Melissa Smith is a mother herself, she understands it. so I am hoping one day we can sit down and talk and resolve this to the benefit of everybody," said Harris. 

"That's all we care about. Justice," said Lemonakis.

Smith is charged with aggravated manslaughter and three counts of child neglect.