A Philadelphia jury has convicted a man of involuntary manslaughter in the death of his girlfriend's toddler son three years ago but couldn't reach agreement on a third-degree murder charge.
The Philadelphia Inquirer reports that the panel announced its verdict Tuesday in the trial of 30-year-old Joseph Zysk.
Prosecutor John O'Neill said he was "really disappointed" with the verdict and he planned to retry Zysk on the murder charge, a move the defense said it would oppose.
Prosecutors said Zysk lost his temper and punched 3-year-old Jason Larkin Jr. repeatedly in January 2011 because the toddler was crying. Defense attorney Evan Hughes called the case a terrible tragedy but not murder.
Jurors had deliberated for about 21 hours and said Monday they were deadlocked on the murder charge.