ODESSA - An Odessa man is facing life in prison if he's convicted of killing a five-week-old baby.
John Bailey was arrested back in December for the 2008 death of Dustyn Wright.
The Ector County District Attorney's Office tells NewsWest 9, they won't be seeking the death penalty for Bailey.
Instead, they'll fight for life in prison.
A pre-trial hearing was set for Friday, that was pushed back to an unknown date.
Police say the baby, Dustyn Wright, was kicked and thrown around.
He later died of his injuries.