sophia crisostomo says her family has been forever changed by that freeway shooting in 2023. she hopes the alameda county district attorney's office will take steps to protect other families from the same fate. it's been nearly two years since five year old eliana crisostomo was shot and killed in a vehicle with her family on interstate 880, in fremont. but for eliana's mother, sophia, the horrific day she lost her daughter feels like yesterday. >> we will never recover. that's something that you can never. it will never go away. the pain will never go away. we just learn to live with it. >> three men were charged with murder with gang and gun enhancements in her daughter's death. but crisostomo says that's not enough. >> there are some crimes that you can rehabilitate the criminals, but there's no coming back from killing a child at all. >> when former alameda county district attorney pamela price announced charges in this case last year, she stuck with her policy of not including special circumstances charges. however, a legal expert tells ktvu that without the special circ

>> the recall of former da price has made crisostomo's fight for justice more complicated, and she'snsure what to expect from the new team handling the case. interim district attorney for alameda county rachel roberts has not made it clear whether he will follow in his footsteps in limiting special circumstances enhancements. >> i realize that the voters have spoken, and i think that it's important that we do listen to the voices of those that have spoken. >> crisostomo says her family will never be the same after the tragic loss of her daughter, but she still finds ways to keep eliana close. >> my daughter's favorite was minnie mouse. >> i love that you keep her close to you. >> oh, always. she's right here. >> now, that hearing is scheduled for tomorrow in dublin, we have reached out to the alameda county da's office, but we have not yet heard back. >> mike tory gains live tonight in studio. tory. thank you for that. authorities in butte county say the gun used in a shooting at a religious school last month was a ghost gun. 56 year old glen linton opened fire at the feather river a

that girl, five year old eliana crisostomo. was sitting right next to her when it happened. and at the time, then district attorney pamela price did file those charges against the three suspected gang members. she also did add some enhancements to those charges, but did not add special circumstances. that could mean that if convicted, those three alleged gang members could face life in prison without the possibility of parole, rather with the possibility of parole. now, elian's mother told ktvu, that's not the kind of justice that she would find sufficient, and she's hoping that the next leadership in the district attorney's office would change that. >> there are some crimes that you can rehabilitate the criminals, but there's no coming back from killing a child. my daughter deserves justice, and i won't stop until she receives it. that's my job as a mother. i won't, i won't give up. >> humberto anaya, crystal valderrama and emanuel serrano are each charged with murder in this case. a judge will determine if and how the case wi

. >> sophia crisostomo is fighting for her daughter eliana, who back in april of 2023 was shot to death as their family drove along i-880 near the border of fremont and milpitas in alameda county. >> they killed my daughter on my father's and my mother in law's birthday. we were heading to dinner that day. no road rage whatsoever. >> the preliminary hearing in the case is next week. former alameda county district attorney pamela price posted a video statement about this case last summer. >> those three men have each been charged with murder with gang and gun enhancements, but they were not charged with murder under special circumstances, which would make parole not possible during sentencing if they are convicted, and something that legal analyst stephen clark says would be possible to do in this case, since it was a drive by shooting. >> am i correct in saying without the special circumstances, there would be a possibility for parole? >> absolutely. what the special circumstances allegation does is ensures that someone never walks the streets again. >> sophia's son was sitting next to

. >> sophia crisostomo is fighting for her daughter eliana, who back in april of 2023 was shot to death as their family drove along i-880 near the border of fremont and milpitas in alameda county. >> they killed my daughter on my father's and my mother in law's birthday. we were heading to dinner that day. no road rage whatsoever. >> the preliminary hearing in the case is next week. former alameda county district attorney pamela price posted a video statement about this case last summer. >> those three men have each been charged with murder with gang and gun enhancements, but they were not charged with murder under special circumstances, which would make parole not possible during sentencing if they are convicted, and something that legal analyst stephen clark says would be possible to do in this case, since it was a drive by shooting. >> am i correct in saying without the special circumstances, there would be a possibility for parole? >> absolutely. what the special circumstances allegation does is ensures that someone never walks the streets again. >> sophia's son was sitting next to

crisostomo was shot and killed while riding in the back seat of her family's car on 880, in fremont. prosecutors charged humberto anaya and cristo valderrama, as well as emanuel serrano, with her murder. however, former da pamela price did not add special circumstances, meaning the accusedillers will be eligible for life with the possibility of parole. eliana's mother says she hopes the next da will change that. >> there are some crimes that you can rehabilitate the criminals, but there's no coming back from killing a child. my daughter deserves justice and i won't stop until she receives it. that's my job as a mother. >> a judge is now weighing the evidence to determine if the case will move forward to trial, attorneys tell ktvu these proceedings could take several days. tonight, oakland police chief floyd mitchell is expected to present some proposed changes to the city's pursuit policy for police officers. governor gavin newsom has put a lot of pressure on the city to address this policy, which, as it stands right now, only allows officers to pursue someone if they're either suspe

that girl, five year old eliana crisostomo.er mother says the girl's brother was sitting right next to her when her when his sister was killed. at the time the charges were filed, then district attorney pamela price added enhancements to the charges against the three men, but did not add special circumstances that could make the accused murderers eligible for life with the possibility of parole. we spoke to eliana's mother, she told ktvu she hopes the next leadership within the da's office will try to eliminate the possibility of parole. >> there are some crimes that you can rehabilitate the criminals, but there's no coming back from killing a child. my daughter deserves justice, and i won't stop until she receives it. that's my job as a mother. i won't, i won't give up. >> humberto anaya, crystal valderrama and emanuel serrano are each charged with murder. a judge will determine if and how the case will proceed to trial. that hearing is set to start in under an hour from now. at 830 this morning at the county courthouse here i

. >> that girl, five year old eliana crisostomo. her mother says the girl's brother was sitting next to his sister when she was killed. at the time charges were filed. then district attorney pamela price added enhancements to the charges against the three men, but did not add special circumstances that would make the accused murderers eligible for life with the possibility of parole. eliana's mother told ktvu she hopes the next leadership within the da's office will change that. >> there are some crimes that you can rehabilitate the criminals, but there's no coming back from killing a child. my daughter deserves justice, and i won't stop until she receives it. that's my job as a mother. i won't, i won't give up. >> humberto anaya, crystal valderrama and emanuel serrano are each charged with murder. a judge will determine if and how the case will proceed to trial. those hearings will get underway right here at the county courthouse in dublin. we'll let you know what happens. reporting from dublin. i'm james torres, ktvu, fox two news