LAS VEGAS (KLAS) — A 28-year-old Arizona man who was indicted in January after a 1-year-old boy’s death is now waiting to see if a new grand jury will indict him.

Nikko Demitri McLachlan of Fort Mohave, Arizona, had been accused in the infant’s death in what his attorney describes as a “rush to indict.”

Phoenix attorney Shannon Peters said her client is no longer in custody, and the judge in the case is questioning whether there was even a crime committed in the boy’s death.

A Jan. 25 report from 8 News Now reported the original indictment, and said McLachlan was giving CPR to the child when Mohave County Sheriff’s Office deputies arrived on the scene in Fort Mohave on Jan. 7. The child was taken to a medical center in Fort Mohave before being flown to UMC Children’s Hospital in Las Vegas. The child died there on Jan. 10.

The Clark County Medical Examiner’s Office told investigators that the child died due to an extensive brain injury, but the facts surrounding that injury are now in question.

McLachlan was identified as the child’s mother’s boyfriend in initial reports.

Nikko Demitri McLachlan (Mohave County Sheriff’s Office)

“I’m optimistic we’re close to figuring out what happened to the baby,” Peters said Tuesday evening. “And it wasn’t my client.”

Peters said the boy was very sick when he was taken to the hospital, and the lead investigator got information from a nurse that no one can identify now.

Peters objected to allegations of “shaken baby” injuries in the boy’s death. She said the term is antiquated, and pointed out other medical conditions that were found, including a severe ear infection and high blood sugar levels. The baby also tested positive for COVID-19, she said.

The case was remanded to a new grand jury on Friday, Sept. 23, by Judge Billy K. Sipe, Jr. of the Mohave County Superior Court.

Sipe specified at the evidentiary hearing that if the grand jury does not indict McLachlan within 15 days of Friday’s hearing, he will dismiss the case without prejudice. A status conference in the case is scheduled for Friday, Oct. 7.