Gabriel Rivera

Gabriel Rivera (October 5, 2009)

LEAVENWORTH, KAN. - The 33-year-old Leavenworth man charged with killing his girlfriend's 4-year-old son has a new attorney. And, that could delay the boy's burial.

Attorney Carl Cornwell is now representing Jason Jones. Cornwell said he met with Jones Friday before heading into court and said Jones is remorseful about what happened to little Gabriel Rivera, 4.

Rivera died Sunday after being rushed to St. John's Hospital in Leavenworth. Police said Jones was watching the boy and his own 11-year-old son and claimed Gabriel was injured when he fell down the stairs. But, authorities said the boy's injuries are not consistent with that story.

An autopsy was performed on Gabriel, but a second may be done at the request of Jones' new attorney Carl Cornwell. Cornwell said that decision will be up to his forensic experts after reviewing the first autopsy report.

"If, in fact, they believe the report is appropriate then that's fine with us, but if they think they need to do something else then we'll get the autopsy done a second time," said Cornwell.

The mother Jones' 11-year-old son spoke to FOX 4 Tuesday asking us not to use her name or show her face. She said she's worried about what her son may have witnessed.

"He's going to be traumatized for a long time," she said. FOX 4 asked her what she thought his son may have witnessed. "Everything, he's witnessed a lot in his 11 years," said the woman.

Cornwell said he plans on interviewing the 11-year-old soon. But, his first priority is interviewing his client to find out what led to Gabriel's death.

"I'm going to talk to the 11-year-old and see what he has to say. I will go out to the scene and see where everything occurred and see what happened and get a mental picture and take some pictures," said Cornwell.

Jones is expected back in court October 23. A candlelight vigil is being held for Rivera Friday night at 7 in Leavenworth.