Man accused of smothering his son waives right to hearing

A Lexington man accused of smothering his 2-year-old son made a brief court appearance Monday.

Brandon Fraley, 24, waived his right to a preliminary hearing in front of Fayette District Court Judge Joseph Bouvier.

Fraley, who appeared for around 10 seconds wearing a green jail jumpsuit, did not speak, and no witnesses were called. Bouvier sent the case to a grand jury.

Fraley is charged with second-degree manslaughter in the death of his son, Derek Jaxon Cooper. According to a police report filed in Fayette District Court, Fraley held his hand over the toddler's mouth to stop him from crying.

Derek Cooper died of asphyxia in August, the document said.

Brandon Fraley is being held at the Fayette County jail. He is also charged with possession of a controlled substance and violating the terms of his probation.