TWIN FALLS — Prosecutors won't seek the death penalty in the November death of a 2-month-old baby boy.
Logan Danial Penner, 19, is charged with first-degree murder in the death of Peyton Rice, his girlfriend’s child.
Twin Falls County Prosecuting Attorney Grant Loebs filed a court motion Dec. 23 indicating that he doesn't see the case meeting a standard in which the death penalty would be appropriate.
The state has standards regarding appointed defense attorneys in capital cases, and Loebs said Thursday that the motion will help settle the matter and not complicate the case's prosecution.
Autopsy showed the cause of death to be blunt force trauma to the head.
Penner admitted to police that on Nov. 25 he was frustrated by the crying baby and shook him, hitting the baby's head on the edge of a crib, when his girlfriend was out of the Twin Falls apartment doing laundry.
The baby became unresponsive and was taken off life support Nov. 30.
Penner was initially charged with felony aggravated battery but charges were amended to first-degree murder upon the child’s death.
The upgraded charge, as outlined in Idaho Code, is a result of Penner being accused of perpetuating an aggravated battery on a child under 12 years of age, records show.
A preliminary hearing is set for Feb. 6. after being rescheduled from Dec. 9.