The decision announced in court Tuesday, as well as in court filings dating back to June, means a jury would be tasked with deciding whether Leticia Diane McCormack, 53, is guilty of first-degree murder in the Aug. 30, 2022, death of Arabella McCormack, as well as whether she should face death or life in prison without the possibility of parole if she’s found guilty.

McCormack and her parents, Adella Tom, 74, and Stanley Tom, 79, are all facing charges that include murder, torture, and child abuse in connection with Arabella’s death, as well as alleged abuse toward her two younger sisters. However, prosecutors will try the Toms separately and seek a maximum sentence of life without parole.