NORWICH – The Norwich man who allegedly assaulted his daughter the day before she died, appeared in Norwich City Court on Tuesday and was returned to jail.

Devan Ellsworth, 28, of Norwich is charged with second-degree assault, a class D felony, and endangering the welfare of a child, a class A misdemeanor.

Ellsworth appeared at 11 a.m. in Norwich City Court Tuesday, and ultimately was remanded back to the Chenango County Correctional Facility.

Assistant District Attorney Laura Parker said Ellsworth was appearing in court because he has not yet appeared before a grand jury or had a felony hearing.

Prosecutors have charged him with felony assault, normally a defendant could challenge a case that hasn't gone before a grand jury yet in a felony hearing, but since Ellsworth is also being charged with a violation of parole he will remain in jail while the investigation continues.

During Ellsworth's Norwich City Court appearance on Tuesday, Norwich City Court Judge Michael Genute said because there hasn't been a felony trial in Ellsworth's case, Ellsworth would be released on his own recognizance on his assault charge.