Rochester, N.Y. – After five years of waiting prosecutors are now bringing charges against a man in Orleans County Jail for killing an infant.

Prosecutors allege that 22-year-old Anthony Morgan threw 14-month-old Ramon Rodriguez against a hard surface fracturing his skull in Aug. of 2008. The infant died a few days later. He is charged with Murder in the Second Degree and Assault in the First Degree.

Morgan is currently in the Orleans County Correctional Facility for robbery.

He will be in court for arraignment on Oct. 21st.