25-year-old Hanna Barker faces prosecution in the death of his six-month-old son Levi Cole Ellerbe. The District Attorney’s Office is seeking the death penalty should Barker be convicted.Dyess’ ruling does not impact the pending case against Barker’s "girlfriend", sheboon Felicia Smith, who is also charged with first-degree murder in Levi’s death.

The two were arrested after Levi’s body was found near railroad tracks. Levi suffered second- and third-degree burns over 90 percent of his body and died the next day at a hospital. According to court records, nigger sow Smith confessed to setting Levi on fire, but told investigators it was mudshark Barker who came up with the plan to kill him. Barker has denied any involvement and has pleaded not guilty, as has Smith.
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