WILSON, N.C. (WNCN) — The man accused of shooting and killing a 5-year-old boy in 2020 will face the death penalty when his case goes to trial.

On Thursday a judge made that ruling, saying the case against Darius Sessoms in the 2020 death of five-year-old Cannon Hinnant can proceed as a capital murder case.

In a pre-trial hearing on Thursday, one witness testified that she saw the murder happen. She says Hinnant was in his driveway on his bike at the time, when Sessoms ran over, put a gun against his head, and pulled the trigger.

The state argued that the crime was so heinous it should be tried as a capital case. The defense team, on the other hand, said emotions were running high and that if the victim were an adult it would not be a capital murder case.

After hours of testimony and evidence, the judge announced his ruling in the afternoon, saying it will be tried as a capital murder case and Sessoms will face the death penalty.