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Anthony Trakemon Powell, 24 (left), and his 3-year-old son Tristan Powell (right). (Houston Police Department via AP and screenshot KHOU-TV news report)

A Houston father of two has been charged with capital murder for allegedly beating one of his sons to death over a potty training accident.

Anthony Trakemon Powell, 24, could possibly face the death penalty if convicted for allegedly killing his 3-year-old son Tristan Powell.

Prosecutors say Powell picked up his two sons on Mother’s Day from their mother’s house, and took them to his sister’s apartment, according to USA Today. Once there, he apparently realized they were not properly potty trained and beat them several times with his hands and a belt. On one occasion, either May 26 or May 27 according to Powell’s sister, the 24-year-old took Tristan into the bathroom where he beat him critically with a belt, causing him to fall to the ground and hit his head.

“I’m tired of beating their ass and them not learning,” the irate father reportedly told his sister, according to court documents cited by

The next morning, Tristan was found not breathing, and his aunt Prosha Nicole Land, 23, called an ambulance that took him to Texas Children’s Hospital.  Tristan died at the hospital from a fractured skull and swelling in the brain.

Tristan’s 2-year-old brother also was hospitalized, when health care workers saw signs that he had been beaten and scalded with hot water. He is expected to survive.

Land and Powell were arrested and charged with injury to a child by omission, and murder.

“The way his voice sounded, I didn’t think it was something as bad as it was,” Jade Tukes, Tristan’s mother, told USA Today about receiving a call from Powell that Tristan was in the hospital.  “Thought he maybe had an allergic reaction or something.”

More charges could be brought against Land and Powell in the future.