MIAMI (CBSMiami) – The grandfather accused of dropping his granddaughter to her death from a Royal Caribbean cruise ship has waived his right to a trial by jury.

Salvatore Anello was in court in Puerto Rico on Monday.

By waiving his right to a trial by jury, a judge will decide whether he is guilty of “negligent homicide.”

Anello says he was playing with the toddler, Chloe Wiegand, on the 11th floor near a window while the Freedom of the Seas ship was docked in Puerto Rico.

He says the child fell to her death when he raised her up to an open window which he thought was closed.

Chloe’s parents blamed the Doral-based cruise line company after the accident, saying the window shouldn’t have been open.

Prosecutors allege that Anello “negligently exposed [his granddaughter] through one of the windows,” according to a statement from the Puerto Rican Department of Justice.

His next court appearance is set for April.

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