A Missouri father could be headed back to prison for the second time for assaulting his 6-week-old son – after he died 20 years later from injuries sustained in the attack.

Olin Shane Tannery, 39, was released from prison in 2007 after spending 13 years behind bars following his conviction of attempted first-degree assault for shaking, squeezing and throwing his infant son, Dominick J. Pittsenbarger, on Feb. 19, 1998, the Kansas City Star reports.

Pittsenbarger, who is identified as Tannery’s son in court documents, survived the attack at a home in Kearney and went on to live with his adoptive father in Smithville, but died in April. He was 20.

A jury in Clay County indicted Tannery on Tuesday on second-degree murder charges, alleging that the assault led to Pittsenbarger’s death some two decades later. Prosecutors said at the time of the initial assault that Tannery attacked the boy because he would not stop crying, prompting him to pick up Pittsenbarger and throw him to the ground.

The infant was rushed to a hospital, where doctors didn’t expect him to survive his injuries, including multiple rib fractures, a fractured vertebra, subdural bleeding and head wounds consistent with shaken baby syndrome.

But the boy did survive, although he suffered severe brain damage that lasted his entire life. He was later adopted by Wendell H. Pittsenbarger and took the man’s last name, the Star reported.

“I love that boy and still miss him dearly,” Pittsenbarger told the newspaper. “I think about him all of the time.”

Dominick Pittsenbarger used a wheelchair throughout his childhood and high school years. He graduated from Smithville High School last year and spent countless hours playing basketball on a hoop at his home after falling in love with the sport as a teenager, his father said.

Tannery, meanwhile, is expected to return to court on Friday. He remains in custody on $500,000 bond, court records show.