FT. LAUDERDALE (CBSMiami) – New charges have been filed against an Oakland Park man previously charged with abuse for violently shaking his infant son to get him to stop crying.

In 2009 Paul Day was charged with aggravated child abuse and neglect after he reportedly admitted to shaking his then 5-month-old son Anibus Day.

The baby, who had stopped breathing, was originally taken to Holy Cross Hospital in critical condition. Three years later, on December 15th, a nurse at the children’s care center where child lived noticed he was unresponsive.  He was taken to Broward Health Medical Center where he died that evening. The child never regained consciousness from his injuries.

On Wednesday Day was arrested and charged with murder.

Court documents show a week before the shaking incident, Day accidentally dropped the child which fractured both of his legs. Day reportedly did not seek medical treatment.