Death penalty weighed in toddler's death

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SILVER SPRINGS. Nev. (KOLO) - Lyon County prosecutors say they have not decided whether to seek the death penalty for a Silver Springs man accused of killing his girlfriend's son.

23-year-old Cody Wallace appeared Thursday in Walker River Justice Court in Yerington, where a death penalty-certified lawyer was appointed to represent him.

Wallace is charged with beating 2-year-old Thomas O'Connell IV November 23, 2010, while the child's mother was at work.

A criminal complaint says the boy died at a hospital after receiving multiple injuries to the forehead and blunt force trauma to the head.

Assistant District Attorney Mark Krueger says his office will seat a review team to determine if the case qualifies for the death penalty.

Wallace remains in jail without bail.

A memorial fund has been established for the family of the little boy, to help pay for funeral costs. The fund is called the Tom O'Connell Memorial Fund, and it’s at Greater Nevada Credit Union. If you’d like to donate, just go any branch location, and ask to make a donation. The account number is 911095. Checks and money orders are also being accepted.