ODESSA - An Odessa man could be looking at the death penalty if he's convicted of killing a five-week old baby, two and a half years ago.
On Monday, an Ector County grand jury indicted John Bailey for capital murder.
Odessa Police arrested Bailey back on December first for the murder of Dustyn Wright.
Police say baby Dustyn was kicked and thrown around the living room of a home, while the mother was in the bathroom, and later died.
It took police two years to make an arrest.
Ector County District Attorney Bobby Bland tells NewsWest 9, there has been no official decision on whether or not his office will seek the death penalty.