Wichita County's district attorney says she's going to ask the grand jury to indict one of the suspects in the shooting of a Wichita Falls grocery store owner last year on a new charge.

Right now, Clifton John Russell IV is charged with capital murder by terror or threat in the death of "Mo" Ahmad, the owner of Mo's Grocery.

But District Attorney Maureen Shelton says she plans to ask the grand jury to indict him on one count of murder, so she will have the option to try him on either.

She says that's because the Texas Legislature didn't make decisions on legislation setting punishment for a 17-year-old charged with capital murder.

Shelton says the Supreme Court ruled sentencing a 17-year-old to death or to life in prison without parole is cruel and unusual punishment under the Constitution, so right now there's no range of punishment for capital murder for 17-year-olds.

She says if the the grand jury indicts Russell on murder, then he could face five to 99 years or life in prison if convicted, but not the death penalty or life with no chance for parole.

Police say Russell admitted to entering the store and fatally shooting Ahmad inside Mo's Grocery on Iowa Park Rd.

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