Melanie Ann Smith, 24, and the boy's step-father, Roy Albert Smith, are accused of abusing the boy at their home near Braggs, which is why their cases will be heard in Muskogee County District Court. The pair are allegedly half-brother and sister, but were living together as man and wife, Ray said.
Various witnesses testified in the Tuesday preliminary hearing for the child's mother. But before a Muskogee County judge makes his decision about whether or not Smith will face trial, he must first decide whether the boy will have to testify in his mother's preliminary hearing. Ray said the judge will decide within the next 20 days whether the boy has to testify.
During Melanie Smith's preliminary hearing, Muskogee County Sheriff's Deputy Tim Brown and a doctor who examined the child both testified.
Ray said Melanie Smith's attorney, Jeff Price, also asked Tuesday to withdraw from the case, but not before requesting that the child testify. Price asked to withdraw because he said he was not getting paid, Ray said.
The child's great-aunt and cousin are also facing child abuse charges in Sequoyah County for allegedly beating, handcuffing, and neglecting the boy, who the pair allegedly babysat at their Gore home while the child's parents were at work.
Brenna A. Smith, 30, and her mother, Sharon Kay Smith, 50, will stand trial on child abuse charges after being bound over in September for trial.
Sharon Smith also faces charges of permitting child abuse by her daughter and of child neglect for failing to properly nourish the boy
The boy did not testify during simultaneous preliminary hearings for the pair in Sequoyah County. Instead, prosecutors used testimony from law enforcement and medical personnel to paint a picture of the alleged abuse.
An investigation by the Department of Human Services (DHS) into the alleged abuse was prompted by a tip. DHS then contacted Gore police, who found the child emaciated, with bruises and cuts, at Sharon Smith's home.
The boy allegedly told investigators that he was punched in the face and body, and his feet were stomped on as a form of punishment. He was also allegedly handcuffed and bound with tape and put in a closet to sleep.
Brenna Smith told police that she and her mother did not have prior knowledge of the boy's injuries, and they had contacted DHS on numerous occasions and confronted the boy's parents about his injuries.
