A man accused of killing five people for asking him to stop firing a gun near their house has been indicted for capital murder—meaning prosecutors could seek the death penalty in his case. Authorities charged 38-year-old Francisco Oropesa in May for allegedly shooting five people in the Texas home after the residents complained his gunfire was waking their baby. The district attorney told CNN that, though the capital murder charge opens the door for the death penalty, they haven’t reached a final decision. “We have not decided whether we will seek the death penalty because the defense has not had an opportunity to present any mitigation evidence for the state to consider,” the district attorney told the news outlet.
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