SIOUX FALLS, S.D. (KELO) — A grand jury has determined that a Sioux Falls man can be charged with first degree murder in the death of his infant son.

On Nov. 30, police arrested Dylan Castimore on second degree murder and manslaughter charges.

Since then, a grand jury has decided there is enough evidence to charge Castimore with first degree murder. That means there is a possibility he could face the death penalty if he’s convicted. The new charges also include aggravated battery of an infant and abuse or cruelty of a minor under the age of seven. He is also accused of being a habitual offender.

Daxton Castimore died on Nov. 27. He was eight weeks old.

According to an autopsy, he had suffered a skull fracture, and Daxton also had a lacerated liver, bruising, and broken ribs.

Court documents say a surveillance camera outside the apartment where Dylan Castimore was taking care of Daxton on Nov. 27 captured what sounded like slapping along with several loud bangs. Days earlier, court documents say he brought Daxton to an emergency room with scratches and a black eye. When police went inside the apartment they reported seeing blood on walls and on the ceiling.

Castimore has a history of domestic abuse. He was in and out of jail and the court system before the death of his baby.