Updated: 09/05/2013 6:10 PM
Created: 09/05/2013 11:59 AM WNYT.com
By: Mark Mulholland
FORT EDWARD - So much for Kevin King's family's theory that it was a spontaneous, out of character snap at a child he truly loved.
An indictment handed up today accuses King of repeatedly abusing his infant son, Brett Michael.
The charges against King accuse him of causing repeated multiple rib fractures from July 1 to August 11, the day of the baby's death.
King is accused of acting in a fit of rage, squeezing and slamming the baby to the floor because he was fussing and crying as the father tried to play Call of Duty on X-Box.
But the endangering charge alleges that King caused at least 6 broken ribs on the child. His court-appointed attorney, Michael Mercure saying that's news to him.
Washington County District Attorney Kevin Kortright countering that evidence of endangering will come out at trial.
"I won't comment on that. I can't comment on evidence at this time," said Kortright.
King is charged with depraved indifference murder. His attorney saying that will be hard to prove because King and the child's mother brought the baby to the hospital.
"The facts as I know as I know them right now, I don't believe there'll be a finding of depraved indifference."
Central to the prosecution's case is video of King using a doll to demonstrate for police how he allegedly harmed the child.
King's attorney hopes a jury never sees that video. But Mercure isn't saying how he'll convince the judge to suppress it.