The shooting happened late last month at Theall’s parents’ home in Vienna.  Police say they had been to the home many times because of domestic fights.  Theall is due back in court next Thursday to face the murder charge.

From our earlier coverage:

21-year-old Adam Theall was released from University Hospital and taken to Town of Floyd court were he was arraigned on a second degree murder charge. He pled not guilty. State police say Theall shot his three-month old son Eithen to death on Tuesday. Police were called to the residence in Vienna and say Theall shot his son right in front of troopers. Troopers then shot Theall after they say he refused to put down the weapon.

At Saturday night's arraignment, Theall was wearing a bullet proof vest and his hospital gown and was heavily bandaged. He asked the judge how long the sentence is for second degree murder.

He was taken the Oneida County jail without bail.