An elderly woman, who police say was viciously attacked with a hammer, last month, has died.

Charges have now been upgraded against the accused, her son, 54-year-old Damian Hawley, to first degree murder.  The victim died in hospital on Sunday.

The 85-year-old was thought to be improving, being downgraded from critical condition to serious at Windsor Regional Hospital. A post-mortem examination was conducted Monday in London.

Windsor police responded to 955 Reedmere Rd. on June 26 at roughly 4:30 a.m. When officers arrived on scene, they discovered the victim lying in a hall motionless. Police allege that Hawley was pacing within the home with a hammer in his hand.

Hawley was previously charged with attempted murder, aggravated assault, assault with a weapon, assaulting a police officer and resisting arrest.

He will appear in court later Tuesday afternoon or early Wednesday morning.