RAPID CITY, S.D. (AP) — A judge has ruled the Pennington County State's Attorney's Office must disclose by the end the month whether it intends to seek the death penalty if two Rapid City men are convicted of their alleged roles in a murder.

Andre Martinez and Cole Waters, both 19, have pleaded not guilty to charges of conspiracy to commit first-degree murder, aiding and abetting first-degree murder, commission of a felony with a firearm and aiding and abetting first-degree robbery.

The Rapid City Journal reports Judge Robert Gusinsky this week granted a defense motion to require prosecutors to disclose their intent on the death penalty by April 30.

Prosecutors say Martinez and Waters hatched a plan to rob another teenager Feb. 26. Waters allegedly held a gun to the head of 17-year-old Emanuel Hinton, of Box Elder, and pulled the trigger.

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