OGDEN -- Prosecutors on Thursday filed a charge of aggravated murder against Jeremy David Marshall in the death of 3-month-old Kennedy Lucille Marshall.
The offense under the state's capital homicide statute carries the death penalty.
Marshall is accused of striking the child in her crib the morning of Dec. 14. The girl was flown to Primary Children's Medical Center in Salt Lake City, where she was pronounced dead from brain injury that evening.
The complaint filed against Marshall refers to two specific aggravating factors in the statute that qualify the case for death penalty status: the victim was under the age of 14, and the offense occurred pursuant to child abuse.
Weber County Attorney Dee Smith was out of the office on vacation, and Deputy Weber County Attorney Bill Daines, who filed the charge, declined to comment Thursday morning.
At Marshall's arraignment on the charge Thursday morning in 2nd District Court, bail was raised to $100,000 from the original $20,000 amount set when he was arrested this week.
A status conference was scheduled for Tuesday before Judge Scott Hadley.
Prosecutors have 60 days from the date of Marshall's preliminary hearing to file a formal notice of intent to seek the death penalty.
Marshall, 35, has admitted to causing the child's death accidentally, according to police.
"Marshall told family members he caused the death of the child," Ogden Police Detective Lane Olsen wrote in a probable cause affidavit with Marshall's charging documents.
"Marshall told me he had struck the child's head on the crib with substantial force, but it was accidental."
Police have described the victim as Marshall's stepdaughter while saying Marshall and the child's mother lived together but were not married.
Emergency medical personnel were summoned to the home in the 2600 block of Van Buren Avenue the morning of Dec. 14 after a 911 call about the injured child, police said.
The infant was flown from McKay-Dee Hospital in Ogden to Primary Children's, where police said she died around 11:30 p.m. the same day.
The homicide charge was the first filed in Ogden since January 2010.
In October, when discussing the city's lengthy stretch without a homicide, then-Police Chief Jon Greiner said a search of police records shows it has been 13 years since Ogden has gone more than seven months without a homicide. And the last year with double-digit homicides was 2001 with 11.