PITTSBURGH (KDKA) – A man charged in the death of his girlfriend’s 3-year-old child is headed to trial.

Police say the toddler suffered extensive abuse.

Now the question is was it a tragic accident or intentional?

That’s what the jury will decide in the trial of 25-year-old Timothy Kay. He’s charged with criminal homicide for abusing the child who eventually died, three days after his third birthday.

“There’s evidence that is equally consistent with an accident, a tragic accident,” defense attorney Ron Rojas said.

In late October, police found Dominic Neumeyer unconscious and barely breathing at an apartment on Beaver Road in Ambridge.

The first patrolman on the scene said he recalled hearing a man’s voice saying, “help me, help me.”

Kay was found bending over Neumeyer doing CPR.

Kay was the boyfriend of the toddler’s mother and told officers he heard a thud from the bedroom , that the boy was lying on the floor and must have jumped off a dresser, hitting his head.

But doctors at Children’s Hospital where the boy died believed differently. At the hearing, a hospital report described the boy’s injuries as consistent with a fall from a multi-story building or a high-speed car crash.

Priscilla Neumeyer had told hospital personnel that her son was fearless.

“You know, Dominic, leading up to the day of the incident, had developed a propensity for jumping off furniture, pretending he was Superman,” Rojas said.

Kay also has two sons of his own, a 1-year-old and a 2-year-old, that were also at the home at the time of the incident.

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