The ruling Monday came after two doctors testified about head injuries and scrapes and bruises they found on the boy's body. The child's mother, Lynn Wozniak, also testified she was working and left the child with Markos the night the boy died.
District Judge Samuel Durham's decision to send the case to trial also came after Defense Attorney J. Thomas Schaeffer argued, "There is nothing against the defendant that he abused the child or that he killed the child. There is nothing in the record that my client did anything."
Dominic Munoz is one of three children to die in Calhoun County this year in what police have called homicides. A fourth child suffered serious injuries when it was shaken.
During testimony at the Markos hearing, Wozniak, 26, testified she had lived with Markos for several months and while she worked, he was caring for her son and often his 2-year-old daughter.
"I trusted him with my son," she told Schaeffer. "I would not have left my son with him had I not."
Wozniak told Assistant Prosecutor Jeff Kabot she was working the night her son died. When Markos picked her up shortly after 11 p.m., they went home but Markos told her to relax and watch a little television rather than going right into her son's room, which was her normal practice.
Shortly after midnight, Wozniak said, Markos came to the door of their room and said, "'Something is wrong with Dominic.' I went to the bedroom and I touched my son and he was cold. I screamed at him to call 911." Markos stood there, she said, and asked her several times what she wanted him to do.
"He didn't move. I had to leave my baby to do it."
Markos brought the child to the living room and began CPR but Wozniak said, "I knew he was dead."
She said during cross examination by Schaeffer she told police and others during the early stages of the investigation that she had gone into the boy's bedroom shortly after 11 p.m. and that her son was awake, talked to her and seemed fine.
Schaeffer asked why she told police that version.
"I'm not quite sure," she said. "I said things I feel bad for saying." Wozniak also testified:
Markos was often angry at Dominic for wetting himself and called the boy a "little liar and he needed to shut his mouth" the afternoon he died because the boy mentioned the name of another woman while with Markos and Wozniak.
Markos told her that her son fell from the bed on June 29 and the next day said burns on his legs and feet were sunburn. Dominic was abused by her former roommate in July 2006 when the boy sustained bruises, a bump on the head and choking. The woman was convicted in December of that year. A doctor looked at the boy but determined the injuries were not serious. She denied she ever abused her child, admitting only spanking the child and once picking him up by the arms and placing him in his room.
As an 18-year-old, she told people she had a child who died in the bathtub, something that was not true. "It's called getting attention, for approval."
The night of her son's funeral she said she got drunk, smoked some marijuana and left with someone to have sex. "I was looking to not feel the pain. I got drunk the day my baby died, so be it," she told Schaeffer. "But I did not murder my son."
Earlier, two pathologists, Dr. Joyce Dejong of Sparrow Hospital in Lansing and Dr. Rudolph Castellani of the University of Maryland, said the child died from three blows to the head and would have shown symptoms quickly after the injury.
"This was not from a short fall," Dejong said. "It was not a minor injury but severe, serious force. It was a lethal injury to the brain."