Suspected gang member charged in LA with the murder of Oakland councilwoman's son, USC jazz student Victor McElhaney

SOUTH LOS ANGELES -- A suspected gang member has been charged with the murder of a USC student who was slain during an attempted robbery in March, according to authorities. The 21-year-old is the son of Oakland City Council member Lynette Gibson McElhaney.

Police say McElhaney was shot about a mile from the campus at a convenience store. McElhaney was taken to a nearby hospital where he died.

Prosecutors are charging Ivan Hernandez with one count of murder while being an active member of a criminal street gang. That makes him eligible for the death penalty, according to the L.A. County District Attorney's office.

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If convicted, Hernandez could face a maximum sentence of life in prison without the possibility of parole.

A decision whether to seek the death penalty will be made at a later date.