CINCINNATI - The man police say killed a 2-year-old boy may face the death penalty.
Hamilton County prosecutor Joe Deters held a news conference on Wednesday outlining new details in the case.
James Livesay died at Children's Hospital earlier this month, after being found by his mother unresponsive in a home at the Village Green mobile home park in Sycamore Township.
Anthony Pierson, 32, the live in boyfriend of the boys mother, is accused of repeatedly hitting the boy in his stomach,causing severe internal injuries and bleeding that police say resulted in the boys death.
"The injuries and pain that this baby suffered were horrific," Deters said. "How anyone could strike and stomp a two-year-old child in this fashion is impossible to comprehend. It's ironic that the justice system will now provide this defendant with the due process that he never gave James."
Deters said a grand jury indicted Pierson on charges of aggravated murder, murder and felonious assault. If he is convicted on all of those charges he could face the death penalty.
Deters also said Hamilton County Jobs and Family Services returned the boy to his mother even though the prosecutors office had expressed concerns.
He is also considering a charge of child endangering against the boys mother but more investigation is needed.
The Hamilton County Job and Family Services spokesperson Brian Gregg said the department had previous contact with the family but did not go into detail. He said the department investigated and determined the children were safe.
"At that time we took some action that we felt would protect the children. The mother and father of the children were not suspects in the abuse. They were both committed to protecting their children going forward so we felt that the children were safe at that point.." Gregg gave those comments following the boys death earlier this month.
Three other children live in the home, all girls ages 4, 5, and 7. They have been placed in the custody of a relative.
A neighbor called 911 on March 12, 2012 to report she heard a woman screaming and another neighbor called to report a fight at the mobile home and a child who was not breathing.
Pierson remains in the Hamilton County jail and has no bond.
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