Before 4-year-old Key'ontay Miller Peterson died on June 11 at his home in Burnsville, William A. Warr, the man accused of killing him, had been convicted twice of felony domestic assault, once in 2010 and again in 2012.
Both times, judges in Hennepin County gave him stayed prison sentences, credit for the jail time he'd served and probation.
A Dakota County grand jury handed up an indictment late last week charging Warr, 26, with eight counts of first- and second-degree murder in Key'ontay's death.
The charges are three counts of first-degree murder that "require proof of a past pattern of child abuse and the victim's death being caused under circumstances manifesting in extreme indifference to human life"; one count of first-degree murder that requires proof of a pattern of domestic abuse, and four counts of second-degree murder.
The indictment was made public Thursday after Warr's first court appearance on the murder charges.
County Attorney Jim Backstrom said Warr had an ongoing relationship with Key'ontay's mother despite an order for protection prohibiting him from having contact with her, Key'ontay or his 2-year-old brother.
Warr was sent to prison July 17, 36 days after Key'ontay's death, after pleading guilty to violating that order for protection and several other charges stemming from his attempts to flee the Burnsville townhouse complex where the boy died.
Advocates for battered women had no answers Thursday when asked why someone with two felony domestic assault convictions wouldn't be sent to prison .