Ki-Jana Freeman
Colbert DA to seek death penalty in 2016 shooting case
By Tom Smith
Times Daily
TUSCUMBIA – The Colbert County District Attorney will seek the death penalty for Peter Capote if he is found guilty of capital murder in the shooting death of Ki-Jana Freeman.
Assistant Colbert County District Attorney Angela Hulsey recently filed the motion with Circuit Judge Hal Hughston Jr.’s office.
“We’ve been preparing like they would seek the death penalty,” said Bill Marthaler, who along with Robert Graham is representing Capote.
Capote, 23, 1100 Midland Ave., Muscle Shoals, is charged with capital murder, first-degree assault, and discharging a gun into an occupied vehicle.
Police said Capote, Thomas Hubbad, 32, same address, Benjamin Owen Young, 29, 502 Staunton Ave., Florence, and De’Vontae Bernard Bates, 21, 106 Markate Ave., Muscle Shoals, are all charged in connection with the shooting death of Freeman, 19, of Tuscumbia.
The shooting took place March 1 outside Spring Creek Apartments on Avenue A in Tuscumbia. Freeman died at Helen Keller Hospital in Sheffield.
Tyler Blythe, 17, of Tuscumbia, was was flown to Huntsville Hospital, where he was treated for numerous gunshot wounds. He has been released and still is recovering from his injuries, police said.
Capote, Hubbard and Young have all been indicted for capital murder, first-degree assault, and shooting into an occupied vehicle. Bates was indicted for criminal conspiracy.
All four pleaded not guilty during preliminary hearings.
The case against Capote has been placed on the Aug. 21 circuit court criminal docket.
Chief Assistant Colbert County District Attorney Kyle Brown said prosecutors are seeking the death penalty against Capote because shooting into an occupied vehicle is a capital offense.
During testimony at a preliminary hearing, police said more than a dozen 7.62-caliber shell casings were found at the scene of the shooting. Tuscumbia police investigator Wes Holland said the car Freeman and Blythe were in had “12 bullet holes, all in the driver’s side.”
Capote, Hubbard and Young are being held without bail in the Colbert County Jail, while Bates is in jail on $500,000 bond.
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