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MCKINNEY (CBSDFW.COM) – A jury will have at least another day to decide the fate of a man on trial for the death of his son.

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Josh Cartee is charged with manslaughter after his 2-year-old son died from being left in a hot car.

Investigators told jurors Cartee admitted he fell asleep with his son at their home and woke up to find him missing. This came after an earlier incident when the boy wandered off and prompted CPS to place strict supervision restrictions on the parents.

The toddler was found in the family car with a 108-degree body temperature and multiple organ failure. He died a few days later.

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Cartee’s attorney declined to mount a defense, saying all the evidence was with the jury and the prosecution had not made its case.

“It’s an accident. This case is truly an accident. That’s why, no he’s not guilty of any criminal activity,” Cartee attorney David Kleckner said.

After several hours of deliberations, the jury told the judge they were unlikely to reach a verdict Wednesday or even Thursday, but the judge sent them home and ordered them back to the jury room starting at 9am Thursday.

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