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BUFFALO, N.Y. -- The man accused of killing five-year-old Eain Brooks was indicted by a grand jury on not only murder charges but also sexual assault.

Matthew Kuzdzal, 26, of Buffalo, was indicted by an Erie County Grand Jury for murder in the second degree and predatory sexual assault against a child.

Kuzdzal is accused of beating Eain Brooks on September 15 in his Albany Street home. Brooks later died in the hospital from his injuries.

The indictment alleges Kuzdzal also sexually assaulted Brooks prior to his death and that he "committed the crime of Criminal Sexual Act in the First Degree," an indication that the boy was sodomized.

Robin Hart, Eain's maternal grandmother, said she was unaware of any sexual abuse allegations until after Eain's autopsy.

"It makes me sick," she told 2 On Your Side following the release of the indictment.

Kuzdzal will be arraigned Wednesday morning at 9:30 a.m. before Supreme Court Judge Christopher Burns. If convicted, he faces a maximum sentence of 35 years to life in prison.

The arraignment comes just a day before two state Assembly committees will hold a hearing in Buffalo looking into Erie County Child Protective Services.

Erie County fired two CPS workers and suspended two others following an investigation related to Eain's death. Family members say they called CPS numerous times to report alleged abuse at the hands of Kuzdzal.

The Assembly hearing takes place in the Council Chambers of Buffalo City Hall at 10 a.m. Thursday.

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