SANTA FE, N.M. (KRQE) – The mother charged with the murder of her 13-year-old son will wait a little longer before finding out if she’ll remain locked up pending trial.

Prosecutors say Tracy Pena stood by as her boyfriend Thomas Ferguson tortured her son, Jeremiah Valencia, at their Nambe home, and eventually killed him.

Ferguson, Pena and Ferguson’s son, Jordan Nunez, helped him bury the boy. They’re all facing murder and abuse charges.

Nunez and Pena are charged for allegedly failing to stop the murder.

The State and Pena’s attorneys have both asked for more time before her case is presented to a Grand Jury.

The judge has said that they won’t decide if she’ll stay locked up until trial until after that hearing.

That hearing is set for March 6.

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