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Waters-Martinez

Cole Waters (left) and Andre Martinez (right)

The Pennington County State’s Attorney’s Office must disclose by April 30 whether it intends to seek the death penalty if two Rapid City men are convicted of their alleged roles in a murder, a judge ruled Tuesday.

Andre Martinez and Cole Waters, both 19 years old, are each charged with aiding and abetting first-degree murder, commission of a felony with a firearm, aiding and abetting first-degree robbery, and conspiracy to commit first-degree murder.

They each pleaded not guilty to all charges Tuesday at the Pennington County Courthouse in Rapid City.

If found guilty of aiding and abetting first-degree murder, they could face the death penalty or life in prison.

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Waters’ attorney, John Murphy, moved for disclosure of the prosecution’s intent regarding the death penalty by April 30, and Martinez’s attorney, Randal Connelly, joined the motion, which Judge Robert Gusinsky granted.

Gusinsky also granted Murphy’s motions to hire a private investigator for Waters, and to have Waters undergo a psychological examination to determine his competency and cognitive functioning.

At a previous court proceeding, a prosecutor said Martinez and Waters hatched a plan to rob another teenager. During the robbery on Feb. 26, Waters allegedly held a gun to the head of 17-year-old Emanuel Hinton, of Box Elder, and pulled the trigger.

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Contact Seth Tupper at seth.tupper@rapidcityjournal.com

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Enterprise Reporter

Enterprise reporter for the Rapid City Journal and author of "Calvin Coolidge in the Black Hills."