Prosecutors have indicated they will not be seeking the death penalty for one of the two suspects who have been indicted on charges of capital murder in connection with the shooting death last October of Jason Herrington of Quinlan, who have pointed the fingers of guilt at one another.

David Earl Hickman, 29 of Royse City and Tracie Danielle Alphin, 21, of Quinlan both admit being at the scene of Herrington’s death, according to a criminal complaint filed by the Hunt County Sheriff’s Office. Hickman has blamed Alphin for the killing, while Alphin told investigators Hickman fired several rounds at Herrington.

Both defendants have pleaded not guilty. Alphin has had a trial date set for Oct. 26. Hickman has not had a trial date set.

Prosecutors issued an announcement April 16 that they chose not to seek a death penalty for Alphin, should she be convicted of capital murder. Should she be convicted on the charge, Alphin would receive an automatic sentence of life in prison without parole.

District Judge Richard A. Beacom has issued a gag order instructing the attorneys for both the defense and prosecution not to discuss the case with the press.

Hickman has an interim hearing scheduled for May 21.

Both remain in custody at the Hunt County Jail, each in lieu of $1 million bond.

Capital murder is typically filed when the murder alleged is committed in connection with the commission of a second major felony, such as robbery, kidnapping, rape or another murder. Those convicted of capital murder face a sentence of life in prison without parole or death by lethal injection.

The indictments filed against Alphin and Hickman allege Herrington, 34, was killed on Oct. 19, 2008 while the defendants were in the course of committing a robbery. Herrington’s body was discovered early on the morning of Nov. 25, 2008 along County Road 2276, off of Farm-To-Market Road 36. Investigators were led to the scene by Hickman. Herrington died of multiple gunshot wounds, according to autopsy results.

Hickman and Alphin were believed to have murdered Herrington and left his body on the side of the road, then sold both the gun used in the murder and the vehicle which Herrington was driving.

According to the complaint, Alphin told investigators she and were riding in a Honda Civic which Herrington was driving early that morning. Alphin said Herrington drove the pair to Alphin’s father’s residence, where she stole a 9mm pistol which she intended to sell. The three then drove off and planned to “smoke a bowl” of marijuana. After the vehicle came to a stop, Alphin said, Hickman took the gun and pointed it at Alphin and Herrington, ordering them out of the car, then shot Herrington multiple times.

A female acquaintance of Hickman’s said he came by her home later that day, accompanied by Alphin, and sold her the gun for $100, telling her he was going to Houston for a few weeks and that he intended to reclaim it and repay her when he got back. The female said she immediately turned the weapon over to the sheriff’s office once she heard about Herrington’s disappearance.

Hickman was said to have offered to sell the Civic to a male acquaintance, who took possession of it and then gave it to a female friend of his. The vehicle was later found parked outside of a Hawk Cove store.

Hickman was arrested on Nov. 24, 2008 at a gas station in Dayton, northeast of Houston and told investigators it was Alphin who did the shooting and early on Nov. 24, 2008 led officers to Herrington’s body. Alphin was arrested at a residence in Garland later that day.

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