In late September 2016, Brandon Leer was charged with aggravated assault in the death of his 3-month-old daughter, Liberty.

Monday, the Somerset County District Attorney said she plans to withdraw the aggravated assault charge against Leer. Instead, he’ll be charged with criminal homicide.

Investigators said Leer’s baby was fussy and crying back in September at his home on Point Level Lane in Somerset Township. That’s when Leer allegedly shook the baby, causing a severe, traumatic brain injury.

Police said baby Liberty died about a month later at Children’s Hospital of Pittsburgh.

A neighbor who lives a couple houses down from Leer, said he knew Leer growing up and that he never caused any trouble. He said he was shocked to hear what happened.

“It’s just a shame. Never would have dreamed it would have happened. Just a shame. That’s about all I can say,” said Glenn Klink, Leer’s neighbor.

The district attorney said the criminal homicide charge took so long to file because the baby’s autopsy was performed in Pittsburgh. She added that if she could, she would charge the baby’s mother, as well. 

“They were unable to reach her. I probably shouldn’t say this, but if I could tie her to a criminal charge, I would,” said Lisa Lazzari-Strasiser, the Somerset County District Attorney.