UPDATE 3/26: Portsmouth Police say the child died Tuesday at 6:30 p.m.

There is currently no word on if or when charges against Trevon Hairston will be upgraded.

The medical examiner will determine a cause of death. The investigation is on-going.

PORTSMOUTH -- A 3-year-old boy has undergone emergency surgery and is in critical condition at Children's Hospital of The King's Daughters after being assaulted by his mother's boyfriend, police said.

Trevon M. Hairston, 21, of the 1600 block of Elm Avenue has been charged with aggravated malicious wounding.

Police say Hairston lived at the apartment with the boy's mother.

Police were called to the 1600 block of Elm Avenue around noon Thursday for a report of a toddler who had fallen and was unresponsive.

According to police, the boy was in need of immediate medical care and was transported to Sentara Norfolk General Hospital as a result of his injuries.

The boy was then transferred to CHKD.

The suspects brother, Dandre Wilkerson, tells 13News Now the boy suffered a severe head injury.

'Basically, he fell off the steps and he had to get brain surgery after,' Wilkerson said.

Wilkerson says he's convinced the boys injuries were the result of an accident.

'I know my brother wouldn't do something like this and it's kind of crazy he's in jail,' said Wilkerson.

Hairston is currently in the custody of the Portsmouth Sheriff's Office.

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