SALEM, Mass. (AP) — The father of a 5-year-old boy who went missing in 2008 has been ruled incompetent to stand trial.

Ernesto Gonzalez of Lynn was ruled incompetent by a Salem Superior Court judge on Thursday to stand trial on charges of parental kidnapping and misleading investigators.

The boy, Giovanni Gonzalez, disappeared in August 2008 after a weekend visit with his father. Gonzalez later told a Boston Globe reporter he killed and dismembered the boy, then disposed of his body parts in trash containers throughout the city.

But no body parts were ever found, and Gonzalez has not been charged with murder.

The 42-year-old Gonzalez's lawyer says the charges should be dismissed.

But prosecutors say if Gonzalez's mental health improves, he should be tried.

The boy's mother, Daisy Colon, says she's frustrated.