DECATUR, Ga. (CBS) Prosecutors who are going after Gary DeToma, a Georgia father accused of murdering his 5-year-old son and attempting to kill his other son, a 4-year-old, say they will seek the death penalty.
According to The Atlanta Journal-Constitution, the 42-year-old was indicted by a grand jury Tuesday in DeKalb County for the death of his son, Gary DeToma, Jr.
Although no motive has been revealed, DeToma was apparently involved in a bitter custody battle with his estranged wife and wanted sole custody of his two sons. The DeTomas had been married six years and were set to finalize a custody agreement last week.
The boys' mother, Melanie DeToma, grew concerned when Gary DeToma failed to return the two boys on the morning of July 12. She notified police who went to DeToma's apartment, but saw nothing out of the ordinary.
Later that day, one of DeToma's co-workers went to check on him after he failed to show up for work, and discovered the young boy lifeless in one of DeToma's bedroom.
Melanie DeToma's attorney, Blue Spruell says that a fund has been set up to help Melanie DeToma pay for expenses stemming from the murder.
Decatur First Bank is accepting donations to the fund.
MORE ON CRIMESIDER: