COLUMBUS, Ohio - Saying it's time that the family of three-month-old murdered in Youngstown sees justice, prosecutors are asking that an execution date be set for John Drummond.

The 38-year-old Drummond has been sitting on Ohio's Death Row since 2004, when he was sentenced for killing Jiyen Dent in a 2003 drive-by shooting on Youngstown's East Side.

According to court records, Drummond used an assault rifle to fire 11 shots into the Dent home on Rutledge Drive the night of March 24, 2003.

Jiyen Dent Sr. said he was watching a movie while his infant son was in a baby swing in the living room when “bullets start coming through the windows and the walls.”

Dent Sr. told the court that he picked up the baby and ran down the hallway towards the bathroom.

The dad says he fell in the hallway and noticed that his son had been shot in the head.

Drummond was convicted on eight counts in all, including charges of aggravated murder, attempted murder, felonious assault as well as weapons charges.

In his petition to the Ohio Supreme Court, Assistant Mahoning County Prosecutor Ralph Rivera writes that Drummond has exhausted all of his state and federal court reviews of his convictions and death sentence.

Rivera is asking the justices to issue a death warrant setting an execution date for Drummond.