Police have determined a 3-year-old found dead in a Patchen Avenue home to be a case of homicide.

Police arrested the boy's godmother, Nymeen Cheatam, and her boyfriend, Lemar Martin, on assault charges Saturday. Those charges could be upgraded as the investigation continues.

Kyle Smith had a broken leg and was sodomized before he died Friday, according to police. The medical examiner ruled Smith died from multiple blunt impact injuries. The child's battered body was also covered in cigarette burns.

Sources say the boy was staying with his godmother because his drug addict mother had given up custody. Police say they had previously been called to the home three other times for incidents involving the child.

"This child didn't ask to come to this world and he damn sure didn't ask [them] to take him out in such a brutal way," says one neighbor who requested anonymity.

Martin was also charged with possession of marijuana.

Godmother, her boyfriend arrested in toddler's death