The ruling Friday followed a three-day hearing on the issue. At the arraignment, Patton will hear the charges against him and enter a plea.
Patton, who is free on bond, was arrested Sept. 19. The charge stems from a July 15 incident at his Manhattan residence where Riley County police responded to a 911 call about a child not breathing.
An arrest warrant indicated Patton "unlawfully and feloniously and intentionally shook'' the infant, identified as his 2-month-old son.
Patton was dismissed from the Kansas State team after the charge was filed.
(Copyright 2008 by The Associated Press. All Rights Reserved.)