A grand jury in Brevard County on Tuesday issued a first-degree murder indictment against Joseph Lamay in connection to the death of 4-month-old Lorenzo Hernandez.

Lamay, 24, was also indicted on a charge of aggravated child abuse, which was the underlying cause of the murder, officials said.

Brevard County Sheriff's Office deputies responded Sept. 26, to the Lighthouse Pointe Apartments, in Palm Coast, after Lamay called 911 to report Lorenzo was unconscious and not breathing. The boy was taken to the hospital, where he was pronounced dead a short time later.

Investigators said Lamay was babysitting Lorenzo while the boy's mother was at work.

Lamay was arrested in California on Oct. 3 for violating probation.

Assistant State Attorney Julia Lynch, who presented the case to the grand jury, said the jurors heard testimony from the Medical Examiner's Office, as well as a detective and crime scene investigators from the Palm Bay Police Department before returning the indictment.

Lamay is in jail in California awaiting extradition to Brevard County.