SIOUX FALLS, S.D. (KELO) — A man accused of killing his infant son appeared in a Minnehaha County courtroom at a pretrial conference on Thursday where a judge made a decision about how the alleged victim can be described.

Dylan Castimore stands accused of murdering his eight-week-old son Daxton in Sioux Falls in November 2021. The defense had sought an order directing the prosecution to not use the word “baby” as a descriptor before his name, such as in “Baby Daxton” or “Baby DC.” This, according to the defense, would inflame the jury’s passions. In court Thursday, the defense argued they don’t want to limit testimony or any use of the word “baby,” only its use before Daxton’s name or his nickname.

The judge denied that motion. Thus, the phrase “Baby Daxton” can be used by the prosecution.

According to court papers, late in the morning of November 27, 2021 Daxton was reported as not moving and coughing up blood, with CPR in progress. Castimore claimed the infant stopped breathing while he fed his son a bottle; he also claimed the CPR he performed caused the child’s abdomen to collapse. The baby was brought to a hospital, but the time of death was called about two hours after police were originally sent to the scene.

Court papers detail how a detective with the Sioux Falls Police Department listened to audio recordings from surveillance video at Castimore’s apartment complex. Beginning at 11:20 a.m. on November 27, 2021, several cries from a baby as well as thuds and slapping or hitting sounds could be heard. A male voice saying “wake up” is also captured on the recording.

Castimore is charged with first degree murder along with several other charges; he has pleaded not guilty.

Castimore will not face the death penalty in this case. According to the Minnehaha County Public Defender’s office, the state has requested that the trial begin in March or April. Additionally, the judge has granted a motion that prevents the prosecution from stating Daxton had bite marks. An affidavit said Daxton had “an injury consistent with a human bite mark.”