No decision yet on a motion to dismiss the first degree murder charge against 13-year-old Cristian Fernandez, who was not in court for a hearing on Monday.

Judge Mallory Cooper says she may make a decision at the teenagers next pre-trial hearing which is set for October 25.

The final pre-trial hearing is now expected to be held February 28 with the trial set to begin March 4th of next year, but those dates could change.

Alicia Torres' son went to school with Cristian and she has been coming to all of Cristian's hearings...she says it shouldn't take this long to make a decision on the motion to dismiss the charge.

"So hopefully she [Judge Cooper] is taking her time for good reason.  It needs to be dismissed."

Fernandez is accused of killing his half brother and sexually assaulting another sibling.