CORPUS CHRISTI, Texas — The man accused in the brutal beating death of his girlfriend's 4-year old son will not face the death penalty.
On Thursday, Nueces County District Attorney's Office decided during a court hearing for Michael Duty there would be no death penalty.
Duty and his girlfriend 27-year old Amanda Pinon were arrested in June of 2018 after Athen Pinon was found dead on the living room floor of their northside home.
Pinon told investigators Duty tried CPR, but it did not work.
According to prosecutors, the couple waited two hours to call 911. The couple faces a charge of capital murder.
A reason for the decision to drop the death penalty is not known, but Duty's attorney believes it could be because of money.
"I think the DA's office reevaluated many of their cases because a death sentence case is very difficult to try for the county because it is expensive. They have to bring in experts. Litigation experts and in doing this it will cut down cost for the county," Mark Dicarlo said.
Duty will now go to trial for capital murder and if found guilty will be sentenced to life in prison without the possibility of parole.