TROY, N.Y. - An indictment was released Friday in Rensselaer County Court charging Robert Hayden with Murder, in addition to Manslaughter, in connection to the death of Avery Cahn.
Hayden, 29, was first charged with Manslaughter 2nd-degree in February after police say the six-week investigation revealed he was responsible for the death of the toddler. On Friday, county officials announced he has been charged with Manslaughter 1st-degree, Manslaughter 2nd-degree and Murder 2nd-degree.
Avery was found dead the night of Saturday, January 7th at the Griswold Heights Apartment complex. Avery's mother left her child with Hayden earlier in the day. When Avery's mother returned home she discovered the child dead and the Hayden not present. Hayden was found by police walking nearby a short time later.
Troy Police Captain John Cooney says Hayden suffocated Avery when frustrated by his crying and left him dead, or dying, in the apartment for several hours.
For awhile, it appeared that the death of Avery may remain a mystery, the autopsy inconclusive, but Cooney said interviews with Hayden after the death and witnesses changed the course of the case. Cooney said information obtained was then turned over to the medical examiner in February, whose findings lined up with the information discovered.