A Dallas County grand jury handed down the indictment against Wesley Mathews in the death of his daughter Sherin Mathews on Friday.
Last week, the Dallas County medical examiner ruled that Sherin Mathews died from homicidal violence, opening the door to her father's murder charge.
Mathews' wife, 35-year-old Sini Mathews was charged with abandoning or endangering a child.
Police say Mathews told investigators that Sherin Mathews choked on her milk.
Wesley previously told police that Sherin had choked to death on milk she was drinking.
He now faces life in prison or the death penalty.
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The victim was rushed by private vehicle to the state-run Queen Elizabeth Hospital where he later succumbed to his injuries. Tanella Alleyne's Instagram has been nothing but her baby brother Tavon Alleyne since his tragic death on Boxing Day.
"We have some information in terms of what might have happened, but we are still investigating", District Attorney Faith Johnson said during a Friday news conference, adding that her office had not decided whether it would seek the death penalty. The punishment for that ranges from two to 20 years in prison with a fine up to $10,000.
The indictment released Friday alleges Mathews caused his daughter's death on October 7 using a deadly weapon that 'is unknown to the grand jury'.
"There is virtually no employee in the Richardson Police Department who has not been involved in this case", Police Chief Jimmy Spivey said Friday.
Johnson said the grand jury also indicted Mathews for causing injury to the child, which carries jail time of anywhere from five years to 99 years. "We will be seeking justice on her behalf". "We are going to make sure the fair, the right thing and just thing are done", Johnson said.
The Richardson girl was reported missing in October and was found dead in a culvert weeks later. She's accused of abandoning Sherin. The couple left Sherin home alone the night before her disappearance, according to an arrest warrant affidavit.
Recently, the adoption agency the Mathews used for Sherin has been suspended by the Indian government after it said the agency showed negligence in assessing potential adoptive parents.