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An Oct. 1 preliminary hearing has been scheduled for a Layton man charged with first-degree felony aggravated murder — a potential death-penalty offense — in the death of his girlfriend's 2-year-old son.

Joshua Scott Schoenenberger, 34, is accused of fatally beating James "JJ" Sieger Jr. on May 9 after the man became frustrated over failed potty training.

Charging documents say Schoenenberger admitted he intentionally stepped on the boy's stomach — but claimed he did not mean to hurt him — because the boy had angered him by "repeatedly urinating and defecating throughout the house."

He is also charged with second-degree felony child abuse.

After hearing evidence at the preliminary hearing, 2nd District Judge John Morris will decide if there is probable cause to order Schoenenberger to stand trial.

Schoenenberger was charged with aggravated murder under "Shelby's Law," a 2007 statute that allows prosecutors to seek the death penalty if a child dies during an act of abuse, sexual assault or kidnapping — even if the defendant does not intend to kill the victim.

Prosecutors have until 60 days after the arraignment following the preliminary hearing to declare whether they will seek the death penalty for Schoenenberger.

Attorney Ed Brass, deemed by the court as qualified to handle capital murder cases, has been appointed to defend Schoenenberger.

The victim's mother and Schoenenberger's girlfriend, 23-year-old Jasmine Ruth Bridgeman, has been charged with second-degree felony obstruction of justice for allegedly lying to police who were investigating her son's death.

Bridgeman, who last month waived her right to a preliminary hearing, is due in court again on July 27 for a pre-trial conference.

On May 9, the couple brought the unresponsive boy to the emergency room at Layton's Davis Hospital.

The boy's mother told doctors the child had been left unattended in a bathtub for approximately five minutes and was found face down in the water.

Doctors, however, found no sign of fluid in the boy's airway, charges state.

The boy was rushed to Primary Children's Hospital, where doctors determined that he had suffered "severe internal injuries" caused by "blunt force trauma" to his abdomen, charges state.

The boy died two days later.

Police have said there were indications that the physical abuse of the boy had been going on for some time.

Before allegedly admitting to stepping on the boy, Schoenenberger told police he had left the child unattended in the bathtub and found him face down in the water.

Schoenenberger later made "other inconsistent statements" about what happened to JJ, according to charges, including that he was in the shower with the boy when he became upset at the child and began to squeeze the boy on his abdomen. Schoenenberger then said that he dropped JJ on the floor outside the bathtub and accidentally stepped on his stomach when he was exiting the bathtub, charges state.

Schoenenberger later admitted that he intentionally stepped on JJ's stomach, charges state.

At the time of the alleged crime, the couple had lived together for about four months, according to charges.