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ROCKVILLE, Md. (WUSA9) -- He may have suffocated his seven month-old-sister to quiet her crying, but a Montgomery County judge says it was manslaughter -- not murder.

His mother left the juvenile courtroom sobbing after the judge ordered the 14 year old into custody in a residential treatment center.

Johnathan had to look after his sisters, a toddler and an infant, in the family's squalid White Oak apartment, while his mother worked the graveyard shift as a cleaning lady. His mother left him with the kids six days a week, ten hours a night.

The boy's attorney says "sadly" the teen has been charged -- but not his mom.