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SALT LAKE CITY — Utah prosecutors won't seek the death penalty for a man accused of beating his girlfriend's 2-year-old son to death over potty training.
The Davis County Attorney's Office confirmed Friday that it won't try to send 35-year-old Joshua Schoenenberger to death row, a decision that's expected to set the tone for the case.
Defense attorney Ed Brass says he respects the difficulty of reaching such a decision.
Schoenenberger is accused of getting angry because James Siger Jr. used his diaper rather than the toilet. He's accused of stepping on the child's stomach in May 2015, causing fatal internal injuries.
The child's mother Jasmine Bridgeman has pleaded guilty to lying to investigators in the case. She is serving at least a year and up to 15 years in prison.
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