Richard McTear sits in court for his first-degree murder trial
Tampa, Florida -- A judge has ruled a mistrial in the case of Richard McTear, the man accused of throwing his ex-girlfriend's 3-month-old son out of a moving car.
The ruling comes a day after the baby's mother, Jasmine Bedwell, took the witness stand.
During testimony, Bedwell told the jury that on the day before the murder, Richard McTear called her saying he wanted to come over and when she told him no, he said he'd still come over, shoot both her and the baby and then urinate in the baby's mouth.
That alleged phone conversation between Bedwell and McTear, however, had in a pre-trial hearing been declared inadmissible for trial.
The reason why it had been inadmissible was because it was part of a previous trial -- where McTear was ultimately acquitted for assault -- and was not meant to be part of the murder case.
After Bedwell's remarks, the judge sent the jury home for the day and will weigh whether or not testimony can continue.
The judge issued his ruling Tuesday morning that the case could not proceed forward, and a mistrial was declared. No date has yet been set for a new trial.
Investigators say McTear forced his way into Bedwell's apartment in 2009 and beat her. He threw a baby carrier against a wall with 3-month-old Emanuel Murray in it, causing him to fall off.
Detectives say McTear then drove off with Emanuel, got on the Interstate 275 and threw the baby out.
McTear could get the death penalty if convicted of first-degree murder.
The Associated Press contributed to this report.
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