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Deadline set for death penalty decision in SD murder case

Cole Waters, left, and Andre Martinez

RAPID CITY, S.D. - The Pennington County State’s Attorney’s Office must disclose by April 30 whether it intends to seek the death penalty if two Rapid City men are convicted of their alleged roles in a murder, a judge ruled Tuesday, April 9.

Andre Martinez and Cole Waters, both 19 years old, are each 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 murder.

They each pleaded not guilty to all charges Tuesday at the Pennington County Courthouse in Rapid City, the Rapid City Journal reported.

If found guilty of aiding and abetting first-degree murder, they could face the death penalty or life in prison.

At a previous court proceeding, a prosecutor said Martinez and Waters hatched a plan to rob another teenager. During the robbery on Feb. 26, Waters allegedly held a gun to the head of 17-year-old Emanuel Hinton, of Box Elder, and pulled the trigger.