ODESSA - The capital trial is set to begin on Tuesday for the man accused of the brutal death of an Odessa infant.
John Bailey is accused of killing his step-son, Dustyn Wright, back in 2008.
Investigators say the five week old was kicked and thrown around and eventually died from a blow to his head.
To this point, Bailey's trial has been pushed back several times and even though he is charged with capital murder, the death penalty has been waived.
If convicted, Bailey faces life in prison.