UPDATE: No Death Penalty for the 2 teens accused of murder
Prosecutor: "One life already lost"
UPDATE – The death penalty is off the table for the two Rapid City teens accused in the shooting death of Emmanuel Hinton, 17, of Box Elder, in February.
Cole Waters, 19, and Andre Martinez, 19, are charged with aiding and abetting first-degree murder, commission of a felony with a firearm, aiding and abetting first-degree robbery, and conspiracy to commit first-degree robbery. The two pleaded not guilty to all the charges earlier this month.
According to Joshua Satterlee, state prosecutor, the death penalty is not being pursued given the ages of those involved. He said one life was already lost.
They remain in the Pennington County Jail on a $1 million dollar bonds. A status hearing is set for June 25, 2019.
If convicted of aiding and abetting first-degree murder, they could spend life in prison without the possibility of parole.
RAPID CITY, S.D. — The two Rapid City teens accused in the shooting death of Emmanuel Hinton, 17, of Box Elder, appeared in court Tuesday and now await a decision from the state on if the death penalty will be sought.
Cole Waters, 19, and Andre Martinez, 19, pleaded not guilty to all the charges against them, including: aiding and abetting first degree murder, commission of a felony with a firearm, aiding and abetting first degree robbery, and conspiracy to commit first degree robbery.
If convicted of the murder charge, the maximum penalty is life in prison or the death penalty should the state pursue the punishment.
The defense for both Waters and Martinez filed a motion to set a deadline of April 30 for the state to decide if they will seek the death penalty.
On Feb. 26, Emmanuel Hinton, 17, of Box Elder was shot in the alleyway behind Blaine Avenue and later died from his injuries at Regional Health Rapid City Hospital. Waters and Martinez were both arrested and charged the next day.
According to statements from the state prosecutor, Waters admitted to putting the gun to Hinton’s head and pulling the trigger. Both teens were given “no-contact orders” for someone named “C.B.” but it is not clear at this time who that person is or what their involvement is in this incident.