(WAFF) - A judge in Colbert County has denied a request to bar the death penalty from the upcoming capital murder case involving Thomas Hubbard.
Colbert County Circuit Judge Jackie Hatcher denied that request Tuesday morning, according to our news partners at the Times Daily.
Police believe Hubbard was orchestrating a March 2016 shooting in Tuscumbia that resulted in the death of Ki-Jana Freeman. He was indicted in August 2016 for capital murder, first-degree assault and shooting into an occupied vehicle.
One expert witness said Hubbard should be considered "intellectually disabled", but Chief Assistant District Attorney Kyle Brown argued that Hubbard was aware of what he was doing when he gave authorities a statement about the incident. He also said that Hubbard was the head of a gang, and that he sold and bought marijuana through that gang.
Hubbard's case is set to begin Thursday morning after a jury is selected.
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