The Justice Department has decided not to seek the death penalty against two men charged with the killing of an armed car guard outside a DeKalb County Kroger.

Federal defender Jeff Ertel, who represents Ashley Henderson, and Atlanta attorney Paul Kish, who represents Stacey Dooley, said they have been notified of the department’s decision. In federal court in Atlanta, Henderson and Dooley are accused with others of committing a number of armed robberies, including the 2011 shooting death of guard Gary Castillo in Toco Hills shopping center.

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Peachtree Center in downtown Atlanta is seen returning to business Wednesday morning, June 12, 2024 after a shooting on Tuesday afternoon left the suspect and three other people injured. (John Spink/AJC)

Credit: John Spink