TROY, N.Y. (NEWS10) – Troy Police have arrested Kevin Cox, 40, for the homicide of 6-year-old Devante Paul. He was found unresponsive in a bathtub in the city in February. Cox was Paul’s stepfather. Cox is now charged with murder.

Police found Paul in a bathtub unresponsive, he was rushed to Albany Med. Police say medical experts believe he died of hypothermic shock. Paul’s Mother, Nicole Bauer, 31, originally called police saying her son had drowned in the bathtub.

Troy Police said they learned Cox and Bauer intended to carry out a suicide pact at the Berkshire Inn in Pittsfield, Mass. on Feb. 14. after Pittsfield Police responded to a report of an overdose. An investigation revealed Cox overdosed on a lethal injection of Heroin. He was listed in grave condition and has since recovered. Another lethal dose of heroin was found at the scene presumably for Bauer.

Cox and Bauer moved to the Kingston area after Paul’s death, according to police. Cox was arrested outside his home in Kerhonkson, N.Y. Troy Police were aided by the New York State Police.

Cox has been arraigned and remanded to the Rensselaer County Jail without bail.