SAN DIEGO (AP) — A 7-year-old girl who vanished from her home earlier this month is apparently dead, and murder charges will be filed against a neighbor, a prosecutor said Monday.

Prosecutor Paul Pfingst also said he will file a so-called special circumstance — murder during kidnapping — that will carry the possibility of the death penalty if David Westerfield is convicted.

"I must conclude that Danielle van Dam is no longer living and was killed," Pfingst told a news conference.

Westerfield, 50, who lives two doors from the van Dam home, was arrested Friday and was initially held for investigation of kidnapping. He will be arraigned Tuesday, the district attorney said.

The girl was last reported seen Feb. 1 when her father put her to bed. Police believe she was abducted from her second-floor bedroom of the family's north San Diego home.

Authorities said last week that they found traces of Danielle's blood in a motor home and on an article of Westerfield's clothing. They also confiscated child pornography from his home, Police Chief David Bejarano said.

Westerfield has been held without bail in the San Diego County jail.

Westerfield's attorney, Steven Feldman, said previously he will likely ask a judge to impose a gag order on everyone involved in the case.