Death penalty off the table for man charged with murder in Brawley

BRAWLEY, Calif. (KYMA) - Prosecutors decided not to seek the death penalty for a man charged with murder in Brawley Wednesday.

23-year-old Genaro Lemus was in court for a status conference in his first-degree murder case. He's accused of murdering 43-year-old Steven Angulo back in February.

The prosecution's decision comes after they weighed the death penalty last week.

Lemus' lawyer, Veronica Henderson, argued there was no evidence to justify the death penalty in the first place.

"You have to allege what are called special circumstances of which there are a number of things, including lying in wait and just speculation that anyone was lying in wait is not sufficient," Henderson explained.

The judge previously warned that pursuing capital punishment would radically delay the trial as Lemus would require new counsel.

Lemus and his co-defendant, Nathan Matthew Garnica, are due back in court next month.