The first capital trial in Marshall County since 2012 is scheduled to start Monday. Jeff McKelvey is charged with killing Denie and Pam Tucker in their home on Pea Ridge Road near Asbury during a robbery.
According to past testimony at hearings in the case, McKelvey approached Mr. Tucker at the Cracker Barrell in Cullman with a scam sob story about not having money to get somewhere to check on his daughter who had been in an accident.
Mr. Tucker gave McKelvey $60 and the stranger insisted that he wanted to repay him so Mr. Tucker gave him a business card with his address on it. An associate, Henry Pyle, and McKelvey later went to the home of the Tuckers to rob them.
Pyle plead guilty earlier and is serving a life sentence. He is expected to be a key witness.
There is a possibility that it will take at least 2 days to select a jury for the case and may take longer for opening statements. It is likely to start on Wednesday or Thursday following the jury selection.
The Tucker deaths occurred in September of 2015. A fingerprint on the door of the Tucker home led police to McKelvey.
McKelvey had a criminal past and had been in and out of prison, prosecutors have said previously. He is from Decatur.
District attorney Everett Johnson and chief assistant district attorney Ed Kellett will prosecute the case. Johnson said they intend to seek the death penalty.
The defense attorneys are Brian White of Decatur and Kevin Hanson of Albertville.