The man accused of kidnapping and murdering a baby boy and hiding his body will be tried by a jury of his peers.
A district court judge ruled on Monday there is sufficient evidence to try Ummad Rushdi for the murder of 7-month-old Hamza Ali. The baby is the son of Rushdi's girlfriend.
Upper Darby Police say the 30-year-old was resentful that Ali was not his child, so he tortured the baby for days and then kidnapped him from the mother's Upper Darby, Pa. home on August 4.
At the Upper Darby home of his parents, police say Rushdi murdered Ali before dumping his body in an undisclosed location.
Rushdi was arrested in York County, Pa. on August 7 as law enforcement launched several searches for the baby's body on land and in the water in Delaware, York and Columbia counties. But despite all the searching, the 7-month-old was never found.
Investigators say Rushdi admitted to murdering Ali during questioning. According to court documents, Rushdi allegedly told police "You will never find that baby" and apparently told a witness he could get away with murder.
The Delaware County District Attorney's Office is considering seeking the death penalty in the case even though the Ali's body has not been found.
Rushdi is charged with murder in the first, second and third degree, two counts of kidnapping, concealment of the whereabouts of a child, abuse of corpse and tampering with physical evidence. He was denied bail.