A published report on Tuesday said public defenders for Nicholas Horner are asking a Blair County court to declare Pennsylvania's death penalty statute unconstitutional.

Horner is charged in connection with the shooting deaths of two men last spring.

The Blair County district attorney's office has already said it will seek the death penalty against Horner.

Horner is accused of robbing the Subway restaurant in Altoona. During the time of that robbery, Horner allegedly shot and killed Scott Garlick, a worker at the Subway. Another employee, Michelle Petty, was shot in the hip and wounded.

Police say Horner then ran from the restaurant and shot Raymond Williams, a resident who was getting his mail.

Prosecutors said because Horner shot three people at the time he was committing another felony of robbery, it led them to seek the death penalty.

Stay with WJACTV.com and WJAC-TV News for continuing coverage.

Previous Stories: November 24, 2009: Blair Co. Sandwich Shop Shooting Suspect Gets Public Defender July 23, 2009: Blair County District Attorney Will Seek Death Penalty For Nicholas Horner July 22, 2009: DA To Seek Death Penalty Against Triple-Shooting Suspect July 8, 2009: Suspect In Sandwich Shop Shooting 'Competent' June 26, 2009: Hearing Held For Veteran Accused Of Killing 2 April 9, 2009: Viewing Held For Shooting Victim April 9, 2009: Memorials Set Up For Altoona Shooting Victims April 8, 2009: Community Continues To Mourn Monday's Tragic Shootings Victim April 8, 2009: Fellow Soldier Says Shooting Suspect Was In 'Combat Mode' April 7, 2009: Police Identify Altoona Shooting Suspect April 7, 2009: Police Arrest Accused Gunman In Triple Shooting