SAN DIEGO -- The San Diego County district attorney said Monday that he will file a murder charge against a man already accused of kidnapping 7-year-old Danielle van Dam.

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Pfingst Adds Murder Charge Police Chief Bejarano Expresses Support For Charge DA Paul Pfingst Answers Reporters' Questions

District Attorney Paul Pfingst said that his office had concluded after numerous fruitless searches for the child, and with the knowledge that police had carried out a "valiant" and thorough, patient, and disciplined investigation, that "Danielle van Dam is no longer living and was killed by her abductor."

Pfingst said David A. Westerfield, who turned 50 today, will be brought to court Tuesday to hear the charge, which includes a special circumstance allegation of murder during a kidnapping.

Pfingst said that charge carries a potential penalty of death or life in prison without parole.

He said a decision would be made later on whether to seek the death penalty should Westerfield be convicted.

Danielle was last seen when her father put her to bed about 10:30 p.m. on Feb. 1. Since then, hundreds of hours involving volunteer and professional personnel have been spent trying to find her, both in the desert and across the border into Mexico.

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"Since Danielle disappeared, we've witnessed a valiant and exhaustive search effort that is unprecedented in this county, perhaps even in this state," Pfingst said.

"Fliers with Danielle's picture have been posted in every portion of San Diego, and television stations have extensively reported her disappearance," he said. "Over the past three weeks, all San Diegans have come to know Danielle's face.

"Today, I'm announcing that my office will file one count of murder against David Westerfield for abducting and killing 7-year-old Danielle van Dam."

"Recognizing what this family has been through, and what this community has been through, I understand that 'murder' is a harsh word. But it is the correct charge in this case," the district attorney said.

He said Westerfield will be brought to court Tuesday afternoon for arraignment. He was already accused of kidnapping.

"I know that there are teams of people in San Diego County who have been searching for Danielle," Pfingst said. "We hope that the decision to file murder charges against David Westerfield will not stop those searches."

"Any information regarding the disappearance of Danielle van Dam is still critically important to law enforcement and, of course, critically important to the van Dam family, Danielle's parents."

Westerfield, a neighbor of the van Dams, was arrested Friday in connection with her disappearance.

Hopes that the girl might be found alive dimmed when it was learned that lab tests had detected the child's blood, allegedly on Westerfield's clothing and recreation vehicle.

DNA evidence, "without a question," links Westerfield to Danielle's disappearance, police chief David Bejarano said Friday in announcing the break in a case.

"Danielle's blood was found in an article of clothing which belongs to Mr. Westerfield and also in his motor home," Bejarano told reporters during a briefing outside SDPD headquarters.

Westerfield, a self-employed design engineer, surrendered to officers outside his attorney's Golden Hill-area office about 10:45 a.m. Friday.

The chief said he could offer little insight into what might have motivated the divorced father of two to allegedly take Daniele from her home and family.

"We've obviously had a number of conversations with Mr. Westerfield over the last couple of weeks, but we're not aware of a motive at this point," Bejarano said.

The police chief called the alleged genetic evidence "a very, very strong link" between the suspect and the missing girl. "I can't stress enough how strong that link is," Bejarano added.

In addition to the "small bloodstains" from Danielle that allegedly turned up on Westerfield's clothing and in his RV, traces of DNA found on a garment of the girl's in her room matched the suspect's, the chief said.

Westerfield's attorney, Steven Feldman, told reporters he and his client "certainly intend to mount a vigorous defense" against the allegations.

Feldman added that he likely would seek a gag order from a judge, "to ensure that the case is tried in the courtroom and not in the press."

During a brief news conference outside the van Dams' Mountain Pass Road home after Westerfield was arrested Friday, Danielle's mother said she and her Qualcomm software engineer husband were "very happy that the police have made an arrest."

"But the fact still remains that we don't have our daughter," Brenda van Dam said. "We need to continue searching for Danielle. That's the most important thing here."