Police have charged a father in Texas with capital murder for allegedly beating one of his sons to death because he wasn’t potty trained.

Police say 24-year-old Anthony Trakemon Powell beat his 3-year-old son, Tristan Powell, so severely that he died of head injuries, and he also injured his 2-year-old brother by beating him as well as burning him with scalding water, according to a USA Today report. He could face the death penalty if convicted.

The incident began when Powell picked up his sons in Jasper, which is northeast of Houston near the Louisiana border, on Mother’s Day from their mother. He took them to his sister’s apartment, which is in southeast Houston, and became upset when he found out the boys weren’t progressing far enough with potty training and began to beat them using both his hands as well as a belt.

Court documents claim he told his sister that he was “tired” of them not learning after his beatings.

In this particular incident, he hit Tristan, calling him to fall to the bathroom floor and hit his head, court documents say, further noting that the boy said he was sleepy afterward and in the morning, was having trouble breathing. Despite the situation, prosecutor Connie Spence said that he was “fairly nonchalant,” according to the report.

Tristan died from a fractured skull and brain swelling. His younger brother was still in the hospital, but he will live.

The boy’s aunt reportedly heard the younger brother being scalded, saying she heard water running and then heard an extremely loud scream.