TOWN OF TONAWANDA, N.Y. (WIVB) — Marcell Brooks, an accused child abuser, is behind bars.

Police reported to News 4 Brooks shook 22-month-old Devyn Grabowski in early October. The toddler suffered brain damage and a spinal injury.

October 5th, police in the Town of Tonawanda got a call that Grabowski had fallen down a few flights of stairs. He was being watched by Marcell Brooks at the time, a family friend.

According to Capt. Joseph Carosi, Brooks said he tried to revive the toddler by putting him the bathtub. When he didn’t wake up, he says he called police.

“The baby was transported to Children’s Hospital,” Carosi said. “Once there and evaluated, the doctors were in agreement that this did not match any of the tendencies of showing a fall, that this was classic example of shaken baby syndrome.”

Brooks was indicted by a Grand Jury Dec. 23rd for Reckless Assault of a Child, Second Degree Assault, and Third Degree Assault.

“The baby had a subdural hematoma, swelling on the brain, and also a spinal injury,” Carosi said.

Grabowski spent weeks at Women and Children’s hospital in critical condition, and was then transported to Rochester for more rehabilitation.

News 4 spoke to Grabowski’s father shortly after the incident, who told he believed his son’s injuries were caused by abuse.

The toddler was in the custody of his maternal grandmother at the time.

Brooks was arrested by the New York and New Jersey Fugitive Task Force on Box Street Tuesday.

He’s currently at the Erie County Holding Center.