UPDATE 2/19/13 @ 11:45 a.m.
BECKLEY, W.Va. (WSAZ) -- The mother and stepfather of a two-year-old boy that police say died from abuse were in court Tuesday morning.

Brandy Smallwood, 27, and James Green, 23, both waived their right to a preliminary hearing.

Smallwood is charged with child neglect resulting in the death of her son Grayden Morgan.

Green is charged with first-degree murder.

Police say Grayden suffered major trauma while in the care of Green at a house in Fairdale back in February 9. The little boy was rushed to the hospital but died from his injuries.

According to the criminal complaint, Grayden's injuries "were consistent with him being grabbed, squeezed, shaken and punched."

The grand jury will now take up Green's and Smallwood's case.

The 2-year-old’s mother, Brandy Smallwood, 27, and step-father, James T. Green, 23, have both been charged in connection with the toddler’s death by Raleigh County prosecutors.

Troopers tell WSAZ.com they received a complaint of a 2-year-old who had fallen from the window of a trailer near Fairdale. When troopers arrived at the scene, the toddler had been taken to a neighbor’s house by Green.

According to Troopers, while at the neighbor’s house Green had made comments about committing suicide.

Green was later found unresponsive from an apparent drug overdose inside his trailer. He was taken to the hospital. He has since recovered and is in jail.

The toddler was also taken to a hospital where it died as a result the injuries received at about 2:30 Saturday morning.

It is unclear if the toddler was shaken, but a preliminary investigation found the toddler’s injuries were not from falling from a window.

The 2-year-old is one of a pair of twins. CPS has custody of the other toddler.

Smallwood is charged with child neglect resulting in death.

Green is charged with murder.

Keeping clicking on WSAZ.com for the latest information.

West Virginia State Police tell WSAZ.com they received a complaint of a 2-year-old who had fallen from the window of a trailer near Fairdale. When troopers arrived at the scene, the toddler had been taken to a neighbor’s house by the step-father, James Travis Green, 23, of Fairdale.

According to Troopers, while at the neighbor’s house Green had made comments about committing suicide.

Green was later found unresponsive from an apparent drug overdose inside his trailer. He was taken to the hospital.

The toddler was also taken to a hospital where it died as a result the injuries received at about 2:30 Saturday morning.

The preliminary investigation found the toddler was the victim of a “Shaken Baby” incident rather than a fall from a window.

Troopers say after a discussion with the Raleigh County Prosecutor’s Office, an arrest may be forthcoming.

Keeping clicking on WSAZ.com for the latest information.