Mother of 5-year-old shot and killed on I-880 in Alameda County fighting for justice
FREMONT, Calif. (KGO) -- The court case is moving forward this month for the people accused of killing a 5-year-old in a 2023 shooting on I-880 in the Fremont area.
"I just want justice because that's what my daughter deserves," Sophia Crisostomo says.
Crisostomo is fighting for her daughter Eliyanah, who was shot to death in April 2023 as their family drove along I-880 near the border of Fremont and Milpitas in Alameda County.
"There was no road rage there, was nothing involved," Crisostomo said. "They killed my daughter on my father's and mother-in-law's birthday. We were heading to dinner that day, no road rage whatsoever."
RELATED: Gang members charged with murder in fatal I-880 shooting of 5-year-old, DA says
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," Price said at the time.
But they were not charged with murder under special circumstances, which would make parole not possible during sentencing if they are convicted. It's something that Crisostomo is demanding to see and something that legal analyst Steven 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?" asked ABC 7 News reporter J.R. Stone.
RELATED: Investigators detail what led up to fatal I-880 shooting of 5-year-old girl, arrest of 3 suspects
"Absolutely, what the special circumstances allegation does, it ensures that someone never walks the streets again," Clark said.
Crisostomo's son was sitting next to her late daughter when she was shot and killed. She says her son is now in therapy but still struggles after witnessing what happened to his sister.
"I remember her voice saying she wants chocolate cake. That was the last thing she said, then they took her for no reason," Crisostomo said.
ABC7's calls and emails to the Alameda DA's office, which is being run by an interim DA, were not returned Tuesday night. Clark says the public will be watching this case and others like it closely after the recent recall of DA Price.
"The voters spoke very clearly in Alameda County that they did not want Pamela Price or her charging philosophy to be in charge of the DA's office any longer," Clark said. "And just how aggressively are these cases going to be prosecuted? Particularly when you have the indiscriminate murder of a young child."
