(May 17, 2008)--Texas will not seek execution in the trial of a second man charged with capital murder in the 1983 deaths of five people abducted from a Kilgore Kentucky Fried Chicken restaurant.
Judge J. Clay Gossett said in court Friday in Henderson, that the state filed paperwork indicating its intent to waive the death penalty in the case of Darnell Hartsfield.
Hartsfield's cousin, Romeo Pinkerton of Tyler, pleaded guilty in October to his role in the killing of five people taken from the restaurant.
Pinkerton accepted five life prison terms.
The Longview News-Journal reports Gossett also ordered Hartsfield's trial to be moved from Rusk County to Brazos County.
Jury selection begins Sept. 8 in Bryan.
Prosecutors declined comment on the decision to waive the death penalty, citing a gag order.