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PITTSBURGH (AP/KDKA) – A judge says he will “seriously” consider a motion to bar the death penalty in the case of two men accused of killing five people and an unborn baby at a Pennsylvania cookout.

Thirty-one-year-old Cheron Shelton and 30-year-old Robert Thomas are charged in the March 2016 killings on Franklin Street in Wilkinsburg.

Authorities allege Thomas opened fire on one side and Shelton then gunned down victims running onto a porch for safety.

Left: Cheron Shelton, Right: Robert Thomas (Photos Courtesy of Allegheny County Jail)

Common Pleas Judge Edward Borkowski said Monday that he is seriously considering a motion to bar capital punishment as unconstitutionally cruel. He said he has other concerns about the application of the death penalty in Pennsylvania, including the cost and the impact on jurors.

“This is refreshing because here we have a Common Pleas judge that’s actually looking at constitutional issues involving a defendant and whether or not they should be prosecuted for capital punishment,” said attorney Phil DiLucente, who is not involved in the case.

Prosecutors have 30 days to respond to the motion.

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