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 circumstances charge, the suspects in eliana's killing could be eligible for parole someday if convicted. the three men have been detained in alameda county since they were arrested in april of 2023. they will be in a dublin

it's been nearly two years since five year old eliana crisostomo was shot and killed in a vehicle wither 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 know. will never go away. the pain will never go away. we just learned 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 circumstances charge, the suspects in eliana's killing could be eligible for parole someday if convicted. the three men have been detained in alameda county since they were arrested in april of 2023. they will be in a dubli

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

eliana. 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

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

five year old eliana chrostosoma died when bullets flew into the car she was riding in. police arrested three men for the killing. humberto anaya, emmanuel serrano and crystal ayala. each of those defendants sat in court this morning as their lawyers questioned. fremont police officers called to the stand by prosecutors. those officers were asked about another shooting, where the men are accused of pulling over their car near a man, ganging up on him and firing a bullet. prosecutors accused the men of being gang affiliated and tried to determine a foundation of gang activity with that shooting, before getting into the details of krista's case. her mother says her family is still hurting from the loss two years later. >> 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. you know, my son was only six years old at the time, sitting right next to her. they're only 11 months apart. >> at the time the murder charges were filed, then district attorney pamela price added gun and gang enha

. >> 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

. >> 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

. >> reporter: in april of 2023, eliana was in the back seat of her mother's car heading to a birthday party for grandpa and grandma. that's when three gang members opened fire with one of the shots striking her in the chest. >> the pain often comes and goes. there's days i'm good and days i'm bad, but, you know, it's something that i've just learned to live with. >> reporter: while sophia grieves her daughter's loss, she has taken on a legal battle, something she never thought she would have to do. >> as her mother, i am advocating for her to make sure that we get the justice that she deserves. >> reporter: she was told by the former district attorney, pamela price, that it wasn't within her office policy to charge the men with murder under special circumstances. >> i know she was all about the rehabilitation of criminals and, yes, there are some crimes and some criminals that can be rehabilitated in some cases, but there's no coming back from killing a child senselessly. >> reporter: she's hopeful with a new d.a. the special circumstances charge will be added before the defendants go

. >> 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

. >> ktvu also heard from the mother of eliana crisostomo, the five year old girl killed by gunfire on 880. pamela price did not pursue special circumstances in the case of her three accused murderers, meaning if convicted, they could be offered parole. in a statement to ktvu, sofia crisostomo says she's happy to see jones dixon in the office, saying in part, i believe her leadership will bring positive change for justice, especially for victims and their families. i look forward to meeting with her as i have faith she will work to rebuild the trust and integrity of the office. 63% of voters in alameda county chose to remove pamela price from office, citing concerns of rising crime rates and disorganization within the da's office. jones dixon won't immediately become da. plans are underway to swear in next tuesday. she will serve until 2026. up to that election, with the option to run and keep the job until 2028. >> gasia james. thank you. happening today, uc berkeley students will hold a solidarity protest for undocumented immigrants. the demonstration will start at 3:00 this afternoo

. >> we also heard from the mother of eliana crisostomo, the five year old girl killed by gunfire on. pamela price did not pursue special circumstances in the case of her three accused murderers, meaning if convicted, they could be offered parole. in a statement to ktvu, family says she's happy to see jones dixon in the office, saying she believes her leadership will bring positive change for justice and will work to rebuild the trust and integrity of the office. you can keep track of the developments within the alameda county district attorney's office, as well as other bay area news, by downloading the fox local app, it is free to download on your phone and smart tv. today, the white house rescinded its freeze on federal loans and grants after sparking widespread confusion with legal challenges across the country. the funding freeze was set to impact schools, law enforcement, health care and nonprofits, among many others. the white house office of management and budget sent a two sentence notice today to agencies and departments halting that federal funding freeze. democrats slamme

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