The man accused of murdering a New Mexico police officer is asking that his life be spared.
Kirby Cleveland is accused of shooting Navajo Nation Police Officer Houston Largo in March 2017 during a domestic dispute.
He’s being prosecuted in the federal system where the death penalty is still allowed, but Cleveland’s attorney argues it’s unconstitutional to enforce the death penalty in a state where it’s been abolished.
It’s an argument that has been used in other death penalty cases before, but failed.
Cleveland’s attorney is also arguing by holding the trial in Albuquerque, Cleveland won’t get a true jury of his peers, which means Hispanic and Native American.
He also argues that the Navajo Nation does not believe in the death penalty and the government is called to respect the wishes of Indian tribal governments.
A judge has yet to rule on the motions.