Isauro Aguirre and his girlfriend Pearl Fernandez are accused of torturing and murdering Fernandez's 8-year-old son Gabriel in Palmdale, Calif., in 2013.
NBC Los Angeles reports that Aguirre and Fernandez are not going to accept a plea deal for life in prison without parole.
The deal would've had the couple plea guilty to first degree murder and torture charges with special circumstances. Aguirre and Fernandez have until Dec. 3 to formally accept the deal or go on trial.
According to prosecutors, Gabriel had been beaten with bats, whipped with the metal part of a belt, shot with a BB gun in the groin, assaulted with pepper spray, made to eat cat feces and locked inside a cabinet with a sock jammed in his mouth.
Aguirre and Fernandez reportedly thought Gabriel was gay and allegedly beat him for playing with dolls.
According to The Advocate, Gabriel was found not to be breathing by Fernandez on May 22, 2013. She called 911. First responders found the boy had numerous injuries and took him to the hospital where he died two days later.
Los Angeles County social workers had been alerted to the alleged abuse numerous times by Gabriel's teachers and grandfather, but claimed the boy was not at risk even though his file was more than a hundred pages.
Two social workers and two supervisors were later fired by the Los Angeles County Department of Children and Family Services. One social worker claimed she wouldn't do anything different (video below).