Municipal Court Judge David C. Shuter agreed and on Wednesday ordered Gutierrez, 23, to stand trial for murder in the June 21, 2013, death of the infant.
Aviles, who lived in the Mulberry Street house with her husband and children, was the prosecution's key witness at Gutierrez's preliminary hearing.
The house belonged to her grandfather but she lived there with her extended family, including Amarianna's mother. Aviles said Gutierrez did not live there.
Aviles testified that Gutierrez arrived that day with his young nephew and spent most of the day with the baby in a bedroom until he came downstairs about 3 p.m.
Aviles said her grandfather tried to resuscitate the infant and the baby began breathing before an ambulance arrived to take the infant and Gutierrez to St. Christopher's Hospital for Children. Amarianna died three days later.
Defense attorney David Rudenstein argued that no one saw Gutierrez beating the infant and said others in the house could have been responsible.
Rudenstein argued that Gutierrez should be tried on no charge more serious than third-degree murder, telling Shuter: "He's a young dad taking good care of a child. Something happened to that child."
Shuter, however, held Gutierrez on a general charge of murder, saying it would be up to a jury to decide the degree of homicide if it found him guilty.