Marc Bookal was found dead last year.
Officials are now planning to charge the man who was supposed to be watching him and charging him with murder.
Cory Byrd is already in jail for a parole violation.
When he finishes that sentence in a few weeks, he will be here arraigned on murder charges.
It was in a field that Orange County prosecutors say Byrd placed the lifeless body of 4-year-old Marc Bookal in two garbage bags, and stashed him under a pile of wood near his home.
Almost a year after the discovery, Byrd has been indicted with two counts of second degree murder and two counts of manslaughter, handed up Wednesday.
The 4-year-old disappeared in December 2009 from his mother's apartment in Newburgh. Prosecutors believe the child died that day, from blunt force trauma to his head and body, but at a press conference investigators explained it took a while to completely analyze the forensic evidence and speak to witnesses.
Byrd is the boyfriend of Marc's mother, Christina Bookal. She spoke to Eyewitness News exclusively last year.
She could not be reached at her home today, where there is a still a missing child poster and candles in the window. Gary Greenwald represented Byrd when he was a person of interest last year, and plans to speak to him tomorrow about the new charges against him.
"They focused on Cory Byrd from jumpstreet, not any kidnapping or anything ultimately occurred."