A Buffalo couple now faces murder charges after a 2-year-old boy was killed in July.
Keona Owens and Bashar Hall were both initially charged with manslaughter after Owens' son, Xavion Hazard, died in the couple's home.
Buffalo police say the boy was shaken and beaten to death.
In addition to the manslaughter charge, a grand jury on Friday indicted Owens and Hall on second-degree murder charges.
"I believe that the murder charge was appropriate here basically because of the nature of the injuries that the child allegedly sustained at the hands of these two individuals,” said Erie County District Attorney John Flynn. “The murder under the legal theory of depraved indifference is what was charged and indicted by the grand jury and I feel that was appropriate."
Owens and Hall pleaded not guilty to the charges.
They have been remanded without bail.
A pre-trial hearing is scheduled for November, with jury selection slated to start in February.