William Tillett, 11, was killed in May 1990 while walking home from elementary school in Inglewood. Edward Donell Thomas has been charged with the boy's murder.
At a pre-trial hearing on Tuesday, those representing the child's family objected to the prosecution's motion to dismiss the special allegations in the case. The special allegations include lying in wait and kidnapping in commission of murder.
The judge agreed to defer her ruling until March.
Sacramento County DA criticizes Gascon, blocks jurisdiction on crimes there
A spokesperson for Gascon issued the following statement to ABC7:
"The Defendant in this case is facing life in prison.
Enhancements have never been shown to enhance our safety, but excessive sentences have been shown to exacerbate recidivism and create more victims in the future.
District Attorney George Gascon is implementing policies based on data and science not fear and emotion. Data shows that these policies will reduce victimization and crime in our communities in the long term."
The union representing Los Angeles County prosecutors has filed a civil lawsuit challenging Gascon and his sweeping new directives to eliminate three-strikes allegations and some sentencing enhancements.
That case will be heard next month.