Updated: 9:31 a.m. Thursday, July 23, 2009 | Posted: 5:15 p.m. Wednesday, July 22, 2009
The district attorney's office had to file this motion before Horner's next court appearance July 31.
Horner is accused of robbing the subway restaurant in Altoona. During the time of that robbery, Horner is accused of shooting Scott Garlick, a worker at the Subway. Another employee, Michelle Petty, was shot in the hip.
Police say Horner then ran from the restaurant and shot Raymond Williams while he was getting his mail.
Prosecutors say because Horner shot three people at the time he was committing another felony of robbery, it led them to seek the death penalty.
"In both cases there are more than one aggravating circumstance," Blair County District Attorney Jackie Bernard said. "For instance, Nicholas Horner committed more than one murder. We intend to prove that he also committed murder during the perpetuation of a felony. And in the case of the Subway murder, he put another person in grave danger of death."