Man pleads not guilty to throwing infant

TAMPA, FL [SIGN UP: Get headlines and breaking news sent to you]

Richard Anthony McTear Jr. appeared in court Wednesday morning. Prosecutors now have 45 days to decide if they will seek the death penalty.

Prosecutors say McTear threw 4-month-old Emanuel Wesley Murray during an argument with his 17-year-old ex-girlfriend earlier this month.

The child was found on the roadside by a passing motorist. McTear is not the child's father.

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