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Faces death penalty if convicted of first degree murder.

A Florida man is being held without bond in the Hillsborough County (Fla) jail charged with first degree murder in the death of a four-month old baby boy.    Sheriff deputies allege Richard T. McTear, Jr., 21, of Tampa, attacked his teenaged ex-girlfriend, snatched away her infant son, slammed him to the concrete sidewalk before driving away with him.  He is not the child’s father.  He is accused of tossing the baby out of his Chevrolet Impala’s window while speeding along I-275 near Tampa causing its death.

A TV cameraman, on his way  to work, found the body in the pre-dawn hours thinking at first it was a doll.  He alerted authorities who, five hours later found McTear at his Tampa home.  He was captured following a short foot chase.

No stranger to police, the 21-year- old has 17 felonies on his rap sheet going back to when he was only 14 when he was arrested for felony domestic battery.  The most recent charges include burglary with battery, felony battery, aggravated child abuse, kidnap and first degree murder.  Prosecutors will seek the death penalty upon conviction.   No trial date has been set.  McTear has declared his innocence.

Ironically, his ex-girlfriend had filed for a restraining order against McTear that would have ordered him to stay more than 500 feet away from her and the baby.  However, the day before the incident she failed to appear for that hearing and the injunction was never activated.