Richard Joseph Klein now is accused of doing more than abusing his girlfriend's 12-year-old son by holding him in a tub of scalding water.
On Tuesday, the Westwood man was indicted by a Hamilton County grand jury on charges of murder and involuntary manslaughter for the Jan. 1 incident that left Matthew Brent Richmond covered with third-degree burns.
''It's not enough, but it's the best we can do,'' said Prosecutor Joseph Deters, who thinks Mr. Klein should face the death penalty.
He could not seek a capital indictment because Ohio law does not permit such a charge unless the death occurred during the commission of certain other crimes, such as aggravated burglary or kidnapping.
Mr. Deters said he has received calls from local legislators who want to amend the law so that anyone who kills a child is eligible for the death penalty.
The murder charge - which requires prosecutors to show a purposeful killing - carries a term of life without parole for 15 years. To prove involuntary manslaughter, punishable by up to 10 years, prosecutors must show that Matthew died from the abuse.
Matthew died Monday at Shriners Burns Institute.
Common Pleas Judge Richard Niehaus set bond at $500,000 for Mr. Klein, who pleaded not guilty. He released Sharon Richmond on her promise to return to court. She also pleaded not guilty.
Prosecutors did not object to her release ''so she could bury her son,'' Mr. Deters said.
Ms. Richmond, of Westwood, is charged with one count of child endangering because she allegedly waited 13 hours to seek help for her critically injured son.
''Had we had an expert to say, 'But for her failure to seek help, the child would have lived,' she, too, would have been indicted for manslaughter,'' Mr. Deters said.
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BOY SCALDED IN TUB DIES Jan. 14, 1997
PULFER COLUMN: The short, valuable life of one child
Jan. 14, 1997
PULFER COLUMN: Scalded boy belongs to all of us Jan. 14, 1997
