By Gan Matthews, NEWS 9

PAULS VALLEY, Oklahoma -- A Paoli man has been charged with the murder of his 2-month-old son.

Prosecutors said last March, the mother of 2-month-old Brody found him not breathing and looking "blue."

"We determined that the child had abusive head trauma and, the state alleges, was in the care and custody of the defendant at the time of this," said George Burnett, Assistant District Attorney.

According to court documents, Johnny Speerbrecher, 28, claimed he had recently given the baby a bottle, but an autopsy found the infant's stomach was empty at the time of his death.

"Well, the defendant is presumed to be innocent," Burnett said.

Speerbrecher's family believes in his innocence, but the state said it is ready to prove that he alone is responsible for ending the life of his baby boy.

Speerbrecher is currently serving a five year deferred sentence for assault with a dangerous weapon in Garvin County.