Judge Says Death Penalty OK In Pa. War Vet's Trial

A Blair County judge has ruled the death penalty is constitutional and should remain an option at the trial of an Iraq war veteran charged with killing two people during and after a sandwich shop robbery.

Jolene Kopriva rejected defense arguments that the deal penalty is "cruel and inhumane" and, further, that jurors are more likely to impose the death penalty if they're first asked if they don't object to it.

No trial date has been set for 29-year-old Nicholas Horner.

The Altoona veteran's family and friends contend he suffered from post-traumatic stress disorder when he allegedly killed a 19-year-old clerk, stole about $130 from an Altoona Subway store and killed a man getting his mail on April 6.

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Previous Stories: March 9, 2010: Blair County Judge Says Accused Killer's Jury Should Be Local February 23, 2010: Accused Killer Wants Blair County Court To Declare Death Penalty Unconstitutional 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