No death penalty in deputy killing

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FLAGSTAFF, Ariz. (AP) -- The Coconino County Attorney has decided not to seek the death penalty against the man accused of killing a Utah sheriff's deputy near Fredonia.

Deputy Brian Harris
Deputy Brian Harris

The Arizona Daily Sun reports the northern Arizona judge hearing the case ordered 23-year-old Scott Curley to undergo a mental health evaluation.

Curley's attorney filed a motion to have him evaluated under Arizona rules to determine whether he is competent to stand trial.

Curley is accused of premeditated first-degree murder, aggravated assault on a police officer, aggravated assault on a citizen, burglary and theft stemming from events on Aug. 26 in and near Fredonia.

Curley is accused of shooting 41-year-old Kane County deputy Brian Harris with a high-powered rifle.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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