Progressive DA George Gascon has been voted out of office but he's not actually gone yet. Fox News reports that Gascon's special counsel is attempting to free one more murderer, Ricardo "Ricky" Sanders, aka the "Bob's Big Boy killer."

A former public defender who Gascon brought in as his "special counsel" is pushing for a reduced sentence for a convicted mass shooter on death row who, along with an accomplice, forced 11 people into a walk-in freezer at a Bob's Big Boy restaurant days before Christmas in 1980, robbed them and shot at them from behind, killing four and wounding four more.

The details of the case are shocking even more than four decades later. Sanders and an accomplice named Franklin Freeman forced there way into a Bob's Big Boy on La Cienega as it was closing. They emptied the safe and then forced employees and patrons into a freezer at the back of the restaurant and then passed a bucket for them to put all their valuables in. At this point, they could have just fled the scene but they didn't.

Sanders and Freeman told everyone to turn around, face the wall and kneel. Then they opened fire with a pistol and a shotgun, shooting the group from behind until they ran out of ammunition.

Three of the victims died instantly. A fourth died after months in the hospital. Four others were wounded, including one who lost an eye and another who suffered a spinal injury and had trouble walking for the rest of her life.

This was pointless cruelty against unarmed victims who were on their knees. Freeman got a life sentence and Sanders got the death penalty. He has been fighting that in court for decades but in 2017 his sentence was upheld by the Ninth Circuit Court of Appeals. However, a moratorium on executions in California was put in place by Gov. Gavin Newsom in 2019, saving Sanders' life. Now his defense is appealing to have him resentenced to life with the possibility of parole, which would mean he would have a chance at getting out eventually.

"Sanders got death, and all his appeals are exhausted," a source with knowledge of the case told Fox News Digital. "Now Gascon is trying to make him eligible for parole after 25 years of litigation exhausting his appeals."

It's worth noting that while Fox News is reporting, based on its sources, that Gascon's office is behind this, NBC LA reported yesterday that Gascon's office had said it opposed resentencing.

The LA County District Attorney’s Office, however, said in an email Wednesday that the office would oppose Sanders’ efforts.

“We are objecting to the defense request to resentence to life with the possibility of parole,” the DA’s statement said.

I'm not sure how to square this circle. No request for resentencing has been filed yet so no response from the DA's office exists at this point. Does Gascon's office plan to oppose this as they claim or is Shelan Joseph, the former public defender now working for Gascon, actually pushing for this as the Fox News story claims. I guess we'll have to wait to find out.

Meanwhile, Gascon's efforts to free the Menendez brothers seems to have hit a speed bump. Incoming DA Nathan Hochman says he wants to review the case before making a decision.

As Gascón's appeal for the brothers' resentencing makes its way through the courts, Hochman -- who is set to take office on Dec. 2 -- said he plans to read through the new alleged evidence, trial transcripts, confidential prison files and interviews with family, lawyers and law enforcement.

"What these files say is too important an issue to delegate to somebody else. I need to actually do the work myself," he told ABC News.

That has apparently led to Gov. Newsom saying he will wait to get Hochman's input before making his own decision on clemency requests.

"The Governor respects the role of the District Attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility," Newsom's office said in a statement. "The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions."

In short, this is no longer in Gascon's hands. And the really good news is that Hochman will be taking office in less than two weeks, at which point nothing in LA County will remain in Gascon's hands. December 2 can't come too soon. Here's NBC LA's report on the Sanders story.