It's for a preliminary hearing which often does get waived, but if lawyers move forward with the hearing this morning we're going to have some questions. The big one - will Charles Phillips face a murder charge now?

The father of a two-year-old Rochester boy who died after being shot is scheduled to be in court Thursday morning.

Police say Charles Phillips shot his son Zayden last week in their home. Days later, Zayden passed away at Strong Hospital.

It's for a preliminary hearing which often does get waived, but if lawyers move forward with the hearing this morning we're going to have some questions. The big one - will Charles Phillips face a murder charge now?

Right now he's facing assault and weapons charges, but those were filed before Zayden died.

A District Attorney’s official told us the charges will be up to a grand jury.

Rochester police say the shooting happened Friday in the toddler's home on Walnut Street. The criminal complaint we read says Zayden Phillips was shot in the head. He ended up being rushed to Strong Hospital, but eventually died. Last week, Rochester Police Chief Michael Ciminelli could not say whether the shooting was accidental.

News10NBC called City Court just before they shut down for the day Wednesday, and they said this hearing is still on for Thursday morning. If it happens, Phillips will be here at 10:30 a.m.