Andre Richardson was indicted on charges of attempted murder of a child on June 1 after police say he threw a 9-month-old baby off of a second-floor balcony.
The unidentified baby landed on top of a carport and avoided serious injuries in the incident, after which the child was taken to a local hospital for precautionary reasons.
Richardson had the "specific intent to commit the offense of capital murder," according to the indictment.
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The 40-year-old man was arrested in Mesquite on April 23 and charged with injury to a child, assault – bodily injury and resisting arrest, according to Mesquite Police.
Officers were dispatched to Mission Fairway Apartments after receiving "numerous" calls about a male assaulting people in the complex.