Trevor Eric Spencer, who is facing charges in the brutal beating of three year-old Khayden Otter of Waswanipi, will undergo a psychiatric evaluation to determine if he should be held criminally responsible in the incident.

Spencer, 28, is charged with aggravated assault in the February 8 incident. He also has a prior conviction for assault in 2001 in Manitoba.

The decision was handed down at the traveling court in Waswanipi. “He will be sent to the Pinel Institute [in Montreal] where a psychiatrist will have to evaluate if, at the time of the crime, he was able to separate wrong from right,” according to Crown Prosecutor, Christian Leblanc.