Ummad Rushdi, 30, of York County is charged with murder in the disappearance of 7-month-old Hamza Ali, the son of Rushdi's girlfriend, Zainad Gaal, 30.
Rushdi allegedly told police he shook the baby because he would not stop crying during a trip to Upper Darby in early August. Rushdi said he then unsuccessfully tried to administer CPR before burying his body near York, The Philadelphia Inquirer reported.
Authorities have yet to recover Hamza's remains.
At a pretrial hearing, Gaal testified during the trip, Rushdi, who had previously voiced his dislike for the baby, became upset with her and took the baby from her room. He threatened if she did not stop disobeying him, she would never see her baby again.
The next morning, Rushdi and the baby were gone, Gaal said.
In court Wednesday, Deputy District Attorney Stephanie Wills announced she was seeking the death penalty against Rushdi, citing two aggravating factors in the case: That the victim was under that age of 12 and that the murder happened while Rushdi was allegedly committing another felony, The York Daily Record reported.