A jury has recommended the death penalty for a man convicted of capital murder in the Shoals.
WAAY 31's Breken Terry was at the Colbert County Courthouse, where the jury deliberated Peter Capote's fate today.
Even though the jury recommended a death sentence for Peter Capote, the decision is now ultimately up to Colbert County Judge Harold Hughston.
Capote is one of five men charged in the shooting of 19 year old Kijana Freeman back in 2016 over an x-box.
One of Capote's co-defendants, Benjamin Young, was round guilty in February.
The jury in his case recommended a death penalty sentence.
Judge Hughston upheld the jury's recommendation of the death penalty in Young's case. In May, Hughston will decide to either uphold the jury's death penalty recommendation or give Capote life without parole.
According to multiple judges I have spoken with, it is very rare for a judge to go against a jury's recommendation.
Thomas Hubbard, the other man charged with capital murder in the death of Freeman, is expected to go to trial this June. Riley Hamm, the fifth man charged in the case, will go to trial later this year.
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