The Georgia Supreme Court has ruled 5 to 2 that two men will be eligible for the death penalty if they're found guilty of killing a Bibb County law enforcement officer.
The state is seeking the death penalty against Antron Dawayne Fair and Damon Antwon Jolly for the killing in 2006 of sheriff's deputy Joseph Whitehead.
Whitehead was attempting to serve a 'no-knock" warrant on a house that was the suspected site of illegal drug trafficking.
The state announced plans to seek the death penalty against Fair and Jolly, citing the killing of a police officer.
Attorneys for the men argued that the death penalty should be barred because Fair and Jolly did not know Whitehead was an officer.
In its ruling Monday, the court upheld the state's right to seek the death penalty.