The California man accused in the death of a five-year-old Odessa boy will be in court on Tuesday.
24-year-old Juan Hernandez Nunez has been charged with assault resulting the death of a child.
Nunez was playing on a California beach with his girlfriend's son, 5-year-old Jesse Alvarez when it happened.
Investigators say Nunez put sand in the boy's face which caused him to stop breathing.
Nunez was supposed to be in court on Monday, but prosecutors are looking at filing more charges against him since he's on parole.
Authorities aren't saying what he's on parole for.