Richard McTear sits in court for his first-degree murder trial
TAMPA, Florida (AP) - Prosecutors can retry a man accused of throwing an infant out of a car window on Interstate 275 in Tampa.
A Hillsborough County judge ruled Thursday that prosecutors had not purposefully elicited the testimony that prompted a mistrial in the case against 26-year-old Richard A. McTear Jr.
The Tampa Bay Times reports that the mistrial came in August after McTear's attorneys objected to testimony from the baby's mother that the judge had previously barred.
When asked by prosecutors about phone calls she'd received from McTear, Bedwell responded that he had threated to kill her and the baby in May 2009.
Authorities say McTear flew into a rage when he saw Bedwell return home in May 2009 with another man. He forced his way into her home, took the baby and drove off.
Previous coverage of the Richard McTear case: