Thaiya Spruill - Smith died after ' being violently shaken by stepfather ' she 's life support had to be switched off at Brooklyn hospital after she was declared brain dead two days later from hemorrhage . David ##ster , 25 , has had assault and child endangerment charges upgraded to second - degree murder and appeared in court yesterday . Thaiya 's father wanted her to be buried with her organs , her mother wanted to donate them to children in need . The organs now can not be donated because ' there must be agreement among family members '
Thaiya Spruill-Smith died after 'being violently shaken by stepfather ' Youngster 's life support had to be switched off at Brooklyn hospital after she was declared brain dead two days later following hemorrhage . David Adams , 25 , has had assault and child endangerment charges upgraded to second-degree murder and appeared in court yesterday . Thaiya 's father wanted her to be buried with her organs , her mother wanted to donate them to children in need . The organs now can not be donated because 'there must be agreement among family members '