I'm sure he didn't.And that's why,rather than being charged with capital murder,he should be charged with "involuntary manslaughter" or "negligent homicide".
Or maybe something that would get him even less time.
The father was initially investigated on accusations of second-degree manslaughter, criminally negligent homicide, first-degree criminal mistreatment and second-degree child neglect charges but the DA finally determined that this was nothing more than a "tragic and unintentional accident." He was not able to prove any charges based on the autopsy and other facts collected.
These type cases were handled similarly when I lived in Arizona where this happens more often that one might think. Most prosecutors are not trying to make their careers on the backs of some mistake and accident that a parent makes and that the general public are sympathetic to. Most people can see that but for the grace of God, go themselves.
The father will not be charged because the prosecutor can't make a case for a crime being committed.