SANTA ROSA, Calif. -- Sonoma County Superior Court Judge Lawrence Antolini is struggling to decide whether a Santa Rosa man charged with fatally stabbing and slicing his mother 45 times intentionally inflicted torture.

It's a potential life or death question for the 42-year-old defendant Christopher Lavis.

Deputy District Attorney Traci Carrillo wants the judge to hold Lavis to answer to the torture allegation that could subject Lavis to either the death penalty or life without parole.

She said some of the stab wounds were non-lethal and superficial and some were mere slicings suggesting Lavis showed "a controlled use of force" in order torture 63-year-old Connie Elizabeth Lasalle in her Santa Rosa condo on Sept. 10.

"He could have gone deeper on some of the wounds," Carrillo told the judge Tuesday. She said Lavis was not in "an uncontrolled rage."

Lavis remained in his mother's condo for 10 days after his mother died, even ordering take-out pizza. Her body was found wrapped under blankets on Sept. 27.

He was arrested Oct. 10 in San Francisco after he was caught not paying for a meal at a Jefferson Street restaurant.

Deputy Public Defender Amy Chapman argued against a holding order on the torture allegation to spare her client the possibility of capital punishment.

She cited Lavis' admission to police he used kitchen shears to inflict most of the wounds then used a Roman gladius knife to inflict the lethal wounds because he did not want his mother to suffer.

"Ineptitude is not the same thing as controlled killing," Chapman said.

When Lavis' preliminary hearing ended June 5, Antolini said he intended to hold Lavis to answer to the murder charge but he reserved decision on the torture allegation.

When ruling Tuesday, Antolini said he didn't believe Lavis tortured his mother.

"It's obvious he wanted to kill her but that doesn't make it torture. That's my ruling," Antolini said. He set July 7 for re-entry of pleas to the murder charge.

When Carrillo then offered rebuttal argument that the number of superficial wounds supports a controlled use of force, Antolini expressed second thoughts about his ruling, citing "death by 1,000 cuts" as a form of torture.

Antolini said he wanted to give the matter more thought and scheduled his ruling for Wednesday.

On Wednesday morning, he said he is still undecided and wants to review exhibits presented during the preliminary hearing.

"I'm stuck on the multiple wounds argument," Antolini said, wondering aloud whether this was an issue for him or the jury to decide.

"Was it rage or wasn't it rage? If it was thought out, it could be torture. How fine should I be slicing and dicing this?" Antolini asked.

Chapman said the issue is Antolini's to decide now, not a future jury's decision.

"The magistrate is here for a reason . . . (to decide) if there is enough evidence to go before a jury. Everything can't go to a jury," Chapman said.

Antolini said he will rule on the torture issue Friday morning.