Ohio man charged with murder after 2-year-old's death served time for child endangering

An Ohio man who spent time in prison for child endangering has been charged with murder in the death of a 2-year-old boy less than a year after his release.

Twenty-six-year-old Justin Payne was arrested Saturday on a felonious assault count. Montgomery County Prosecutor's spokesman Greg Flannagan says Payne has been charged with murder, involuntary manslaughter and two counts of endangering children.

Payne called 911 from a Dayton apartment on Saturday morning to say his girlfriend's child apparently "choked on a Pop Tart." The coroner's office says the child died Sunday. The cause of death hasn't been determined.

Records show Payne pleaded no contest in June 2012 to a child endangering charge involving an infant and was released last November.

Court records don't show a current attorney for him.