John Dana Bailey was arrested in early December for the March 2008 incident. Bailey, 41, allegedly flipped 5-week-old Dustyn Bailey Wright in a car seat, puncturing the infant's head. The child was rushed to Medical Center Hospital, was later flown to an El Paso Hospital, where he died.
Bailey has been charged with capital murder, but Ector County District Attorney Bobby Bland tells Big 2 that his office will not seek the death penalty in the case. A trial date has not yet been set.