Commonwealth to seek death penalty against HOA shooting suspect - wave3.com-Louisville News, Weather & Sports

Commonwealth to seek death penalty against HOA shooting suspect

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Mahmoud Yousef Hindi during his Nov. 2 pre-trial hearing. Mahmoud Yousef Hindi during his Nov. 2 pre-trial hearing.
David Merritt (Source: Family photo) David Merritt (Source: Family photo)
Marvin Fisher (Source: Family photo) Marvin Fisher (Source: Family photo)

LOUISVILLE, KY (WAVE) - The man accused of shooting and killing two members of his neighborhood association at a meeting in September was back before a judge on Friday. 

Mahmoud Yousef Hindi, 55, entered the courtroom smiling as he apparently recognized someone he knew seated behind him. The families of Dave Merritt and Marvin Fisher were there too. They watched as the man accused of killing their loved ones at Springdale Community Church faced a judge for the first pre-trial conference. 

Hindi is charged with the shooting of Merritt, 73, and Fisher, 69, on September 6 during a meeting of the Spring Creek Homeowners Association. Merritt died at the scene. Fisher died three days later. Hindi had been in a dispute with the homeowners association over a fence and a half-driveway he wanted to place on his property. 

Assistant Commonwealth's Attorney Erin White requested more time to prepare, citing more than 100 pages of detective reports, lab results and crime scene reports that still needed to be examined by both the prosecution and defense. White confirmed to Judge Fred Cowan that the Commonwealth will indeed seek the death penalty in the case.  

"We did file the notice for aggravating circumstances today which is our notice we will be moving forward seeking the death penalty in this case," said White. 

The defense declined to comment to WAVE 3 on camera, but indicated in court that it may ask for a different hearing before the next pre-trial conference. 

"There's an outstanding issue of bond, I'm not going into it today, I think it really needs to be addressed in writing," said Mike Lemke, Hindi's attorney, to Judge Cowan. "We may want to notice something like that for quicker than the next pre-trial." 

That next pre-trial conference has now been set for January 14, 2013. At that time Judge Cowan told both sides he hopes they're much further down the road in reviewing all of the discovery in hopes at trial date could be set at that time.

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