Prosecutors won’t seek the death penalty in the capital murder trial of an Ozark man accused of killing his infant son.
Jaylin Jamal Toles is charged with violently throwing the two-month old boy onto a stairwell early last year and failing to summon medical help for several hours. Investigative reports indicate he was annoyed because the child wouldn’t stop crying while Toles played video games.
"We don't believe, under Alabama law, this case rises to the level of a possible death sentence. However, if convicted, Mr. Toles can be given life in prison without the possibility of parole," Adams said.
Toles was 19 when the alleged crime occurred.
Also, Dale County Circuit Judge William Filmore denied a motion that Ozark police must turn over all evidence, including notes, to defense attorneys. Prosecutors, and not police, routinely provide such information to the defense.
Other motions filed by attorneys Matt and Christina Lamere, Toles’ attorneys, were withdrawn including one asking the judge to issue a gag order preventing comment to the press.
Toles still must undergo psychiatric examination before trial is held.
(Updated at 3:35 p.m. to reflect comments from District Attorney Kirke Adams.)