State not to seek death penalty in 2021 murder case that left a baby dead, according to court documents

The state will not seek the death penalty relating to a 2021 murder case involving a 22-year-old man who is accused of killing his 8-week-old son.

The Minnehaha State's Attorney office told Judge Camela Theeler they would not seek capital punishment in the case of Dylan Castimore, according to court documents filed in April.

Dylan Castimore was arrested Tuesday morning.
Dylan Castimore was arrested Tuesday morning.

Castimore called 911 the morning of Nov. 27, saying his baby was coughing up blood and not breathing, according to court documents. Police responded to an apartment on the 3400 block of North Fourth Avenue and found the infant not breathing and unconscious.

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The baby died at the hospital, police spokesperson Sam Clemens said at the time. Castimore was arrested on Nov. 30.

The Minnehaha County cornoer determined the baby's death was caused by a skull fracture caused by an assault and a contribution factor of death was a lacerated liver, according to court documents. The infant had several injuries including several broken ribs, a black eye and further bruising.

Castimore faces first and second-degree murder charges, first-degree manslaughter charges, abuse to a minor and aggravated battery of an infant charges.

A jury trial is not yet set but a motions hearing is scheduled for July 8.

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This article originally appeared on Sioux Falls Argus Leader: State not to seek death penalty in 2021 murder case