MONTGOMERY — The Alabama Court of Criminal Appeals has upheld the capital murder and assault convictions of a man convicted of the 2016 killing of Ki-Jana Freeman.

Peter Gerold Capote, 26, of Muscle Shoals, was convicted in 2018 of capital murder, first-degree assault and shooting into an occupied vehicle in connection with the death of Freeman, who was shot in his vehicle at Spring Creek Apartments in Tuscumbia.

Capote was sentenced to death.

"First and foremost, today is a good day when you get that decision," Colbert County Chief Assistant District Attorney Angela Hulsey said.

Hulsey said she suspects Capote's defense attorney to file a motion to reconsider the decision, which will move the case from the appeals court to the State Supreme Court. 

"This is the standard appellate process," she said.

According to a news release from Attorney General Steve Marshall's office, Capote and two other members of the Almighty Imperial Gangsters lured Freeman and Tyler Blythe to Spring Creek Apartments with the intention of killing Freeman.

It was believed by gang leader Thomas Hubbard that Freeman stole an Xbox gaming system from Hubbard's residence while he was attending his grandmother's funeral.

Shortly after Freeman and Blythe arrived at the apartment complex, the release states, Capote and another member of the gang exited their vehicle and fired numerous shots into Freeman’s Ford Mustang, causing Freeman’s death and seriously injuring Blythe.

Jurors found Capote guilty of capital murder because it was committed while Freeman was in a vehicle. 

The other shooter, Benjamin Owen Young, was also tried and convicted of capital murder and sentenced to death. His case is pending before the Court of Criminal Appeals.

On behalf of the state, the Attorney General's Capital Litigation Division handled the case during the appeals process.

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