Prosecutors say during Bailey's trial, jurors will have a choice on which charge they want to find him guilty of... since under the law he can't be charged twice for one act. The assault charge carries a higher prison term of 25 years to life, as opposed to 15 to life for 2nd degree murder. Prosecutors say bailey caused skull and arm fractures on his 11-month-old daughter during a beating that ultimately took her life.
Kings County Prosecutor Thom Snyder said, "It's real disturbing based on what I've been told about the autopsy and the degree of injuries to the head particular it's an 11-month-old child."
Investigators say Bailey was living on the Lemoore Naval Air Station with his girlfriend, and their 11-month-old daughter. His girlfriend is a 3rd class petty officer from the Philippines. Attorneys say Bailey also spent some time in the Navy.
Snyder added, "He's out of the military at the present time my understand is that he and the mother are not married that he spent the first few months of the child's life in Japan while he was in the Navy."
Also in court, a representative from the Lemoore Naval Air Station.
"We're following the case it happened on a Navy installation," said Melinda Larson. "Kings County has jurisdiction but obviously we're very interested in these proceedings."
Prosecutors say even though Bailey assaulted the baby causing her death, he is being charged with second, not first degree murder.
Snyder explained, "Based on the information we have at this point in time we don't believe the premeditated or deliberated the acts they seem more out of frustration rage, that type of situation."
Bailey will be back in court on Thursday where he'll enter a plea and be appointed an attorney.