Bystander killer to face death penalty - WALB.com, Albany News, Weather, Sports

Bystander killer to face death penalty

September 20, 2006

Albany --  District Attorney Ken Hodges will seek the death penalty for the suspect in the murder of an East Albany man during a January robbery.  

Tuesday, he filed a notice of intent to seek the death penalty for 27-year-old Earl Scott.   Prosecutors say Scott shot 54-year-old Herbie Wells while robbing AJ's Dixie Food Store on East Broad Avenue.

Wells was hanging out with store workers on January 14th when two robbers burst in and opened fire. Wells was shot in the head and died weeks later.

Prosecutors say they're worried about the number of armed robberies in Albany, and they want to send a clear message about the consequences.  "We want to establish that if someone is killed during the course of a robbery, this will be a situation where the offender could possibly receive the death penalty," said Assistant D. A. Greg Edwards.

Scott and 34-year-old Bobby Thomas were arrested days after the robbery. Edwards says they will not seek the death penalty for Thomas. They believe Scott shot Wells and store owner Gary Patel. Patel injuries were not life threatening.

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