Rob Nigh, one of England's attorneys, said he will challenge the prosecution's decision to seek the death penalty, saying the evidence used to support the request is "legally insufficient." First Assistant District Attorney Doug Drummond defended the decision.
At a preliminary hearing in July, England's uncle testified that England and Watts treated the mass shootings as a contest. Timothy Hoey testified Watts told him a day after the killings that Watts and England each shot two people and England shot the fifth victim "that would break the tie," Hoey said.
Hoey also testified that the day after the shootings, England used racial slurs to describe the people who were shot.