Man Charged with Murder of Girlfriend's One-Year-Old Son

March 20, 2013 Updated Mar 20, 2013 at 11:23 PM EDT

By WKBW News

March 20, 2013 Updated Mar 20, 2013 at 11:23 PM EDT

Springville, NY (WKBW Release)- Erie County Sheriff Tim Howard is announcing for the second time in two weeks a boyfriend in charge of his girlfriend’s young child has been charged with murder in the second degree.

In this case, the victim is one-year-old Austin Smith of Springville. The baby would have celebrated his 2nd birthday on Saturday

The boyfriend whose name is not being released because of his age, was just charged after the medical examiner(s) completed their autopsy on the body earlier this afternoon.

Erie County Sheriff’s deputies were called to the scene of a Cochran Avenue home in Springville last night at around 8:00 PM for an unresponsive baby.

Deputies immediately arrived on the scene and found an unresponsive baby in a bedroom.

They performed CPR before paramedics arrived; the baby was taken to Bertrand Chaffee Hospital where he was pronounced dead.

The boyfriend and the victim’s mother had been living in the home for approximately two weeks.

According to the defendant, he and the victim’s mother had been dating on and off for the past three years. The victim’s 19 year old mother was away at work while the suspect babysat her child.

The suspect is expected to be arraigned on the murder charge later this week in Springville Village Town Court.