DALLAS, TEXAS (CNN) — The adoptive father of 3-year-old Sherin Mathews could face the death penalty.

The Richardson girl was reported missing in October and was found dead in a culvert weeks later. Both of her parents were already in jail, but now the grand jury has decided to indict her father, Wesley Mathews for capital murder.

“We will be tenacious, we will be persistent, and we will prosecute this case to the fullest.” says Dallas County District Attorney, Faith Johnson. “The punishment range for that is either life or death, we have no yet decided if we are going to seek death or not.”

There are more charges against him: injury to a child, abandoning a child, and tampering with evidence.

We still don`t know exactly how Sherin Mathews died. The autopsy called it homicidal violence, but wasn’t more specific. “We don`t want to talk about any particular facts at this time.” says DA Johnson.

Wesley Mathews first told cops he made Sherin stand next to a tree at 3 a.m. as punishment for not drinking her milk. Then he changed his story to say the girl choked to death while drinking her milk in the garage.

How about her adoptive mother, Sini Mathews?

Well, investigators won`t say if she`s cooperating, but she could also do time, possibly 20 years. She’s accused of abandoning Sherin.

The attorneys for Sini Mathews tell NewsFix, “The indictments handed down today by a Dallas County Grand Jury confirm what we have previously stated. Sini Mathews had nothing to do with the tragic death of Sherin Mathews.”

Justice won’t come quickly, it’ll be up to a judge to set a trial date. “We do want to make sure that justice is done, on behalf of this little three year old,” says DA Johnson.

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