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(KSL News) -- A charge of capital murder will stand in the death of 75-year old Donna Lou Bott after a judge ruled her attacker "inflicted needless suffering" during the crime.
Floyd Eugene Maestas is charged with the death, which occurred during a robbery two years ago.
Since the charge is now a capital offense, Maestas can be sentenced to death if found guilty.
Court documents show Bott was beaten and cut before she was killed.
Two men who were with Maestas at the time of the murder are expected to testify against him at trial later this year.
