A New Jersey judge says there's more than enough evidence to convict a man of killing his 2-year-old daughter by tossing her into a creek, still strapped into her car seat.

Arthur Morgan III, Tierra Morgan (Ocean County Prosecutor's Office)

Superior Court Judge Anthony Mellaci Jr. denied a defense motion Tuesday to dismiss murder and other charges against Arthur Morgan, who is accused of killing Tierra Morgan-Glover in Nov. 2011.

The 29-year-old could get life in prison without parole if convicted of "knowing and purposeful" murder.

But conviction on a lesser manslaughter charge could see him go free in as little as five years.

His lawyer told the jury at the start of the case the issue is not whether Morgan is guilty, but what crime he committed.

Lawyers will say Tuesday afternoon whether Morgan will testify.

 

(Copyright 2014 by The Associated Press.  All Rights Reserved.)