LAS VEGAS (AP) — A prosecutor says the death penalty will be considered in the case of a Las Vegas man accused of kidnapping and killing a 4-year-old boy and hiding the body in a freezer while keeping the boy’s mother captive.

A state court judge on Friday postponed Brandon Lee Toseland’s arraignment on 10 charges including murder, kidnapping and child abuse in the death of the boy and domestic battery against the child’s mother.

Brandon Toseland reportedly told his girlfriend that he had taken Mason into a bedroom and locked him inside with him for several days. He then told his girlfriend that Mason was deceased, documents said. (LVMPD/KLAS)

Toseland has been jailed without bail since his arrest Feb. 22, after the boy’s 7-year-old sister gave her teacher notes saying her mother was being held captive and thought the girl’s brother was dead at Toseland’s house.

Mason Dominguez (KLAS)

Defense attorney Augustus Claus said Toseland will plead not guilty.