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UTAH COUNTY -- Lawyers for a Utah County man say he shouldn't have beaten his 4-month-old child, but that he also shouldn't be charged with her murder.
Tuesday, lawyers for Victor Gardea argued prosecutors have no evidence he showed "reckless indifference to human life" when he punched the child in the face last September, killing her.
They say he was frustrated with the child's crying and lost his temper but did not mean to end her life.
They want the charges against him reduced from child-abuse homicide, which could result in the death penalty if he is convicted.
The judge in the case will rule on the motion next month.
