Richard McTear sits in court for his first-degree murder trial
Tampa, Florida -- The murder trial of a man accused of throwing his ex-girlfriend's 3-month-old son out of a moving car may be declared a mistrial, just one day into testimony.
After opening statements were made Monday, the baby's mother, Jasmine Bedwell was called to testify.
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, or if a mistrial will be declared. That decision is expected on Tuesday morning.
Investigators said 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.
Previous coverage of the Richard McTear case: