The duo was arrested last February after the child’s mother used social media to identify the person on the video abusing her baby and reported it to police.
WREG News reports that a grand jury formally indicted Hayes and Ice last Tuesday for the sexual assault that was discovered when the victim’s mother found videos of the assault on a cell phone.
Investigators said Hayes raped the baby while Ice filmed it.
Hayes admitted to the crime after his arrest in February.
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In one of the videos, he’s seen exposing and touching himself with the baby, who’s unclothed from the waist below. Another video allegedly shows Hayes performing sexual acts on the girl.
According to the report, Hayes was charged with aggravated rape of a child and especially aggravated sexual exploitation of a minor. Ice, who was reportedly identified during a police investigation of Hayes, was charged with aggravated rape of a child and criminal responsibility for the conduct of another and especially aggravated sexual exploitation of a minor.
Hayes’ older brother told WREG News that the family found the arrests “heartbreaking and scary.”
“Us as a family, we apologize,” he said. “I know that the child may not remember but it’s something a mother is going to have to hold on to forever. Like, knowing that your child was exposed to something like that. You trusted your child with someone, and you have to deal with seeing this on your own.”
The brother, who asked not to be named, also noted that the cell phone video resurfaced because of a family feud and claims Hayes is not the only person in the disturbing footage. He believes the other child molester should be held accountable too.
Additionally, he would like his younger brother to get help.
“He wasn’t mentally stable during that point in time. Like, I know his mind state. He was probably coerced for money, drugs and anything. He was being young and growing up in the hood, as they say,” said the suspect’s brother.