A man accused of killing a two-year-old girl in a drive-by shooting no longer faces the death penalty or life without parole.
This comes after a judge's ruling in the case of Anthony Chacon.
Prosecutors say they are shocked and upset at the judge's ruling. They wanted to convict Chacon of murder and get the maximum sentence for Ka'mya Robinson's death, but now they won't get it.
The toddler was hit by a stray bullet as she played outside her south Bakersfield home on April 30th, 2012.
After a three-week manhunt, the suspect, 28-year-old Anthony Chacon was arrested in Arizona.
Chacon appeared in court Thursday, charged with first degree murder with special circumstances, including involvement in a gang and drive-y shooting. Because of that he was facing the death penalty.
But, Chacon's attorney challenged the charges and asked the judge to waive the special circumstances.
Judge Michael Bush granted the public defender's request, making Chacon's maximum sentence 25 years to life if he's convicted.
"It's a ruling that is based on absolutely no legal principle. I felt it was cavalier and careless," said Jim Simson, Deputy District Attorney.
According to Simson, the judge did this because he said Simson never filed a response to the defense's motion.
Simson argues he did file a response when the defense filed the motion the first time.
The Public Defender's office would not comment on camera, but said they respect Judge Bush's decision.
The District Attorney's office says they plan to challenge the ruling, and if necessary take it to the Attorney General's office.
