Gideon Walter Omondi, 35, was charged with murder and a special circumstance accusation that he killed his son by lying in wait, which makes him eligible for capital punishment.

Prosecutors have not said whether they will seek the death penalty.

Omondi went into a police station in Fullerton on Sunday and said he killed his son, Richard. He led police to an apartment where the boy's body was lying in bed with a wet pillow.

Richard had been visiting his father over the weekend when he was murdered.

Omondi and his wife Hellen are going through a bitter divorce where both have accused each other of domestic violence.

Hellen Omondi said her husband paid more attention to his studies than to his family. Gideon Omondi is a mechanical engineering student at California State University.

The couple are immigrants from Kenya.

State child-welfare records show both husband and wife were investigated for possible child abuse. Three calls were made to the California Department of Social Services expressing concern that Richard was neglected.

However, investigators could not say for certain whether the allegations were true.