A Troy man is charged in connection with the death of a baby in back January. Our Erin Vannella was in court and has more.

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TROY, N.Y. -- "I can't believe he would hurt a kid," said Troy resident, Shawn Grose.

He reacted to his cousin, 29 year old Robert Hayden's arraignment Monday, second degree manslaughter related to the death of 21-month-old Avery Cahn.

"For me he's never been that kind of person," said Grose. "He's never been abusing as far as I've known him. I've known him since he was a kid."

Troy Police said Hayden suffocated the baby then left him alone in the Griswald Heights apartment dead on the bed where police found him hours later.

"The conduct on Mr. Hayden's part at this stage seems to be reckless in nature," said Troy Police Captain John Cooney. "We do believe the intent was not to cause death. The intent was in fact to hopefully get the child to stop crying."

Grose said Hayden often babysat for his ex-girlfriend's child despite the mother's knowledge that Hayden is a registered sex offender. He was arrested August of 2010 for molesting an 11 year old girl.

"There is no criminality for someone leaving their child in the care of a sex offender," said Captain Cooney. "As far as mom's actions leading up to that tragic day, we have spoken with her extensively and although all doors remain open we do not see any reason to believe the mother will be criminally charged in this matter."

Grose said it's a tragic mistake. A lapse of judgement from either party he said, shouldn't go unpunished if it cost an infant's life.

"You can't leave a child alone, you can't," said Grose. "I've never known him to be like that. I thought he was a smarter person than that to try to do that."