Hayes is accused of beating, torturing and killing Calhoun during a period of days in April after he wet himself and the couch inside their Genesee County apartment.
The sheer number of injuries and how serious they were was really the determining factor, according to the judge. The doctor who performed the autopsy says he stopped counting when he got to 100.
On top of that there was heart-wrenching testimony from Calhoun's older brother. The boy witnessed what happened during the last days of Calhoun's life.
"He was puking and everything, puking up blood," Calhoun's brother said.
"I think his leg was broken because he couldn't walk. He was like walking crooked and everything. Every time he'd stand he dropped right back down."
That was how Calhoun was acting after repeatedly being "smacked around" and "punched" in the genitals after having his head smashed into the wall, according to Calhoun's brother.
Calhoun's hand was badly burned.
"He (Hayes) hated us," Calhoun's brother said.
The doctor who performed the autopsy says Calhoun's injuries were the worst he's ever seen on a child or an adult.
A Genesee County detective read a portion of this letter Hayes wrote. It's dated one day after Calhoun was taken off of life support.
"Dear judge: I am so sorry for what I have (done) to Dominick and Corrine. My heart hurts so bad for them and for the family," said David Dwyre.
"I will never do anything like this and never had the intentions of doing what I have done. I am sorry. Judge, I am a drug addict."
Throughout his hearing, Hayes showed no emotion except for when his father took the stand.
Hayes was crying while his father was talking.
One additional charge of first-degree child abuse was added today. Calhoun's brother testified that he was also abused by Hayes.
Hayes now faces 10 charges. One of his drug charges was replaced with a less serious charge.
Hayes attorney Jim Piazza says he is disappointed all of the counts were bound over. He says he doesn't believe elements to support some of them were met.
Hayes' attorney will file motions in circuit court to try and get some of the counts dismissed.
He says he'll also file a motion to strike Calhoun's brother's testimony, as his client was placed in a separate room while he was on the stand. He will ask for a new preliminary hearing.
Arraignment in circuit court is next month.
