SEMINOLE COUNTY, Fla. - Defense lawyers for the man accused in two shootings that left two people dead and four others hurt want to know if their defendant will face the death penalty.
Allen Cashe is accused of killing LaTina Herring and her 8-year-old son Branden during a domestic dispute in March 2017. Herring’s father and three others were also shot but survived.
Cashe’s trial is scheduled to start in January. On Thursday, a judge heard a long list of motions by Cashe’s public defender. Many of those motions focused on the sentencing phase if Cashe is found guilty because Cashe could face the death penalty.
“It’s come to a point in our country where the death penalty is evolving,” public defender Jeff Dowdy told the judge. “We would urge that you declare the death penalty unconstitutional.”
While the judge denied that motion, and several other motions related to Florida’s lethal injection procedure, he did allow some motions involving the jury for the sentencing phase to be revisited at that time.
Cashe was being held at the Orange County Jail, but the judge ordered that he be held instead at the Seminole County Jail until the trial so his defense team can prepare.
Police said the shootings started with an argument over keys. Herring told police Cashe had the keys to her home and refused to give them back. While speaking to Herring, police received a 911 call from Cashe stating that Herring had the keys to his vehicle. The victim returned the keys to Cashe at a gas station in Sanford, and both parties left separately.
Police said they later received a 911 call about the former couple getting into a second argument over property, this time at the home. The officer went to the home and was able to settle the argument once more, police said.
Officers arrived at the home, and found Herring and Cashe fighting in the front yard, arguing over Cashe returning the keys, which were later located inside the home.
According to police, Cashe then collected some of his clothing and was preparing to leave the home. The victim brought out a bag, saying it was filled with more of Cashe’s belongings. Cashe refused to take the bag and left.
Herring asked if officers would take the bag with Cashe’s belongings and hold it for safekeeping. Inside the bag, officers found a Glock 22 handgun and ammunition.
Later, police said they received another 911 call from someone reporting that Herring, her father and her children had been shot.
Police said Cashe drove away from the scene and randomly shot two bystanders at West 24th Street and South Marshall Avenue. The bystanders survived.
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