LIMESTONE COUNTY, Ala. (WAAY) - Police say Joel Moyers fired an assault rifle into a truck in September, killing Brandon Hyrdrick. Despite facing a recently upgraded charge of capital murder, his attorneys are trying to get him released on bond, leaving those close to the victim on edge.

"I guess I have to say that when I heard the news today, I was very surprised that the District Attorney was allowing this to happen," said Brandon Hydrick's girlfriend, Bronwen Murray.

Thursday, a judge granted Joel Moyers' a bond hearing and just over a week ago, Limestone County District Attorney, Brian Jones announced that he would not seek the death penalty for Moyers.

Bronwen Murray was the girlfriend of 26-year-old, Brandon Hydrick. She said this is a set-back in this capital murder case. "I just feel like we've gone a hundred steps back from where we were. It took a lot of effort on the parts of a lot of people to have the charges upgraded to capital murder and to now have the threat of having that taken away, is very disappointing and frightening."

Moyers no longer faces the death penalty and will seek bond in a hearing set for February 19.

"Personally, I think it's a loophole that he's trying to exploit," said Murray.

Murray said this is an inappropriate change in this long and painful case, that has Brandon Hydrick's loved ones looking for a punishment that will bring some justice to his memory.

"I don't think that any of us will have that peace of mind, until Joel Moyers is locked away behind bars, forever," added Murray.

WAAY31 reached out to Moyers' attorney Dan Totten today, but he did not return our calls.

Moyers is due back in court on February 19.

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