UPDATE: The man accused of murdering a man at the Moccasin Bend Mental Health Institute appeared in court Tuesday for his preliminary hearing.

Leviticus Avery, 37, is charged with the October 15 murder of 38-year-old Kevin Green.

Detective Chris Blackwell with the Chattanooga Police Dept. investigated the case and said Avery broke a leg off a table and used it to beat the victim in the head. Green was taken to the hospital for treatment but died several days later.

Prosecutors played three different angles from surveillance cameras that showed the beating Tuesday morning for Judge Sell. The preliminary hearing was short, with only the testimony of Blackwell.

Sell sent the charge of first degree murder to the grand jury.

UPDATE: Chattanooga police said the victim from an aggravated assault case has succumb to their injuries.

Leviticus Avery, 37, has now been charged with first degree murder, police said. 

ORIGINAL STORY: The suspect in an aggravated assault case is in custody while the victim recovers at the hospital. 

Thursday, Chattanooga Police were called to a hospital due to an aggravated assault that happened on Moccasin Bend Road. 

The victim was struck in the head with an object.  The victim is listed in critical condition.  

The suspect has been detained and an arrest is pending.