Raleigh, N.C. — A Wake County grand jury has indicted DonJuan Cassadary Smith Jr., 24, in the murder of 2-year-old boy on May 14.

Smith, of 3320 Hewberry Lane, Apt. 104, was also indicted on a felony charge of child abuse.

The toddler was not breathing when his caretaker took him to a neighbor's house to call 911, according to the recording of the call.

Smith told dispatchers he had given the child some pizza and gave him a bath when he started throwing up.

"I figured it was the pizza," Smith tells the dispatcher. "I dressed him, and after he threw up, I went – I changed his diaper … I came back to put the diaper on him, he had defecated again."

That's when he went to his neighbor's house.

The neighbor performed CPR for more than five minutes until emergency personnel arrive at her home at the Walnut Ridge Apartments at 3320 Hewberry Lane.

Crews were dispatched to the scene shortly before 7:30 p.m. for a code-blue call, meaning the child was not breathing.

The child was pronounced dead a short time later.

Smith was initially charged with involuntary manslaughter, but after further investigation, police charged him with murder.