A Minot man who previously pleaded guilty to shaking an infant in 2016, resulting in permanent disabilities, now faces new charges, including manslaughter and negligent homicide, due to the victim passing away in 2023.

Matthew James Zappone, 39, appeared for a bond hearing on Wednesday, Jan. 28, in Northeastern District Court in Bottineau. Zappone has been charged with manslaughter and aggravated assault, both Class B felonies; negligent homicide, assault and reckless endangerment, all Class C felonies.

According to court documents, Zappone and the victim’s mother brought the victim to a Minot hospital for a suspected seizure. After an investigation by a social worker and other authorities, Zappone was originally charged with Class C felony child abuse and neglect in October 2016 and accused of shaking and striking the 3-month-old infant, breaking ribs and fracturing the victim’s skull, resulting in brain damage.

Zappone entered into a plea agreement with state prosecutors, pleading guilty to one count of assault, a Class C felony, on Nov. 12, 2018. Zappone was sentenced to serve five years with the Department of Corrections and Rehabilitation, with three years suspended, followed by three years of supervised probation. Zappone was also ordered to register as an offender against children for 15 years and to pay $45,605.68 in restitution.

According to the declaration of probable cause filed with the new charges, the victim died on May 10, 2023, after years of seizures, multiple health issues and declining health stemming from the initial assault from 2016. North Dakota Bureau of Criminal Investigation Special Agent Allen Kluth cited the findings of an autopsy performed by the State Medical Examiner’s Office, which determined the victim’s cause of death was homicide.