Update: Barry Lee Jones sentenced

LEE COUNTY, AL (WSFA) - Accused murderer Barry Lee Jones learned his fate Tuesday afternoon for the brutal death of his seven month old son.

His is one of the more gruesome cases in recent memory and today in a Lee County courtroom, it came down to life or death.

Jones was sentenced life without the chance of parole.

Judge Jacob Walker says he strongly considered going against the jury's recommendation and sentencing Jones to death by lethal injection.

Judge Walker told the court I.Q. tests from Jones' elementary school indicate he is mentally retarded, and the U.S. Supreme Court has ruled that the mentally disabled cannot be executed.

The state maintains the capitol murder of 7 month old Kevin Jones was cruel, heinous and atrocious, especially considering the sexual assault and sodomy the baby boy endured at the hands of his father.

Jones' legal team plans to file a motion for a new trial in 30 days.

©2010 WSFA. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.