He and the other three defendants in the case made appearances in Halifax County Superior Court as District Attorney Valerie Mitchell Asbell announced the state intended to seek the death penalty against them.

Halifax County Superior Court Judge Alma L. Hinton granted Asbell’s motion on three of the defendants — Matthew Simms, James Powell and Dontavious Cotton.

The district attorney said in a statement she was prepared to go forward with what is known as a Rule 24 hearing on West, but his attorney of record was not present.

Asbell did put her intention to seek the death penalty against West on record and Hinton requested another attorney be appointed to represent him.

The state will move forward with the hearing on West in June when his new attorney can be present.

West’s claims of innocence came during discussions of the situation with his attorney in open court.

Asbell said there has been no phone calls from the attorney assigned to represent West and that he has not downloaded discovery in the case.

West told Hinton he had only heard from the attorney once and that was in February.

After the judge briefly discussed the case with him, West said, “I don’t know anything.”

When Hinton told him she was going to appoint an Indigent Defense Services attorney, West said, “I’m innocent.”

• Click to open image! Click to open image!
• Click to open image! Click to open image!
• Click to open image! Click to open image!
• Click to open image! Click to open image!
•  

Simms was the first to appear in the courtroom, followed by Cotton, West and Powell.

In explaining why she sought the death penalty in the cases of Simms, Cotton and Powell, Asbell told Hinton there are at least one or more aggravating factors against the men which would allow the state to proceed capitally. State law, she said in the statement, allows the prosecution to seek the death penalty when there is at least one aggravating factor beyond a shadow of a doubt.

She did not expound on those factors in court and declined to discuss them following the proceedings.

In her statement, she said, “Each murder charge represents a heinous and atrocious act committed on one of the four murder victims and is sufficient to warrant a death penalty trial. We intend to prosecute each defendant and each crime charged to the fullest extent of the law.”

She said “our thoughts and prayers continue to go out”  to the families and James and Janice Harris and James and Peggy Whitley.

Bob Dees, Janice Harris’ son, said following the proceedings, “We want them to get the death penalty, definitely, either that or life without parole.”

Cotton was indicted for the murders last month while the three other defendants were indicted in March.

The earlier indictments against Simms, West and Powell  were the first to give a few more details of the case, saying the three men allegedly stole an assortment of handguns, shotguns and rifles from the Harris residence. The indictments also say the men allegedly committed first-degree burglary by entering the house while it was occupied by the two couples.

The crimes were committed, the indictment notes, through use of a dangerous weapon by each of the defendants.

Prior to the certification of the true bills of indictment, the only information to be divulged in the case was that items of value were missing from the Harris residence and the motive was robbery.

The four were shot through a glass door while they sat playing cards at the dining room table. All the victims died at the table after they were shot multiple times.