Daquan Breland is charged with second-degree murder in the death of Antiq Hennis.
It's possible a grand jury could hand up an indictment against Breland as early as today.
Investigators say Breland was aiming at Hennis' father when a bullet struck Antiq in the head.
Breland called the shooting an "evil act" he has to live with.
In an interview with the New York Daily News, Breland said that "remorseful doesn't even describe what I feel." He spoke to the newspaper at the Rikers Island jail.
Breland was arrested in Wilkes-Barre, Pennsylvania, last Friday, the same day the toddler was buried.
He said he never intended to hurt the toddler and offered condolences to the family.
"I could never do that to an innocent little baby," he said. "It's not in my heart."
The 23-year-old is charged with second-degree murder.