Attorney: Capital murder charge against quintuple homicide suspe - WBRC FOX6 News - Birmingham, AL

Attorney: Capital murder charge against quintuple homicide suspects is unconstitutional

Rashad Stoves (L), Artavius Underwood (middle) and Reginald Mims (R). Rashad Stoves (L), Artavius Underwood (middle) and Reginald Mims (R).
BIRMINGHAM, AL (WBRC) -

It's still up in the air whether three teenagers charged with killing five people in Ensley will be charged with capital murder.

The attorney for one of the suspects claims that charge would be unconstitutional. He's now going to be allowed to make that argument before the Alabama Supreme Court.

Rashad Stoves, Reginald Mims and Artavius Underwood were all under 18 when they were charged with shooting and killing five men in Ensley last year.

One of the suspect's attorneys says because of their ages, charging them with capital murder is unconstitutional because of the way Alabama's stature is written.

Two lower courts have dismissed the motion, but now the Alabama Supreme Court has agreed to hear oral arguments on the matter.

"We're very pleased. We believe this shows the court agrees with us, that there is definitely an issue and they want to hear arguments and hopefully they'll render a decision we believe justifies our efforts in this case," attorney Wendell Sheffield said.

Sheffield will make his oral argument on March 6.

Copyright 2013 WBRC. All rights reserved.

Powered by Frankly