Lee County man faces death penalty in sheriff's deputy murder - WTVM.com-Columbus, GA News Weather & Sports

Lee County man faces death penalty in sheriff's deputy murder

OPELIKA, AL (WTVM) -

The man convicted in the capital murder of a Lee County sheriff's deputy learned he will be eligible for the death penalty.

After entering the courtroom Thursday in shackles and chains, Gregory Henderson learned that on June 27 Judge Jacob Walker could sentence him to die for the murder of Lee County Sheriff's Deputy James Anderson back in September of 2009.

Henderson's defense had claimed their client was mentally unfit to be sentenced to die, but it appears the experts who evaluated Henderson disagreed.

Defense attorney Jeremy Armstrong says, "Based on some evaluations we had done, we did not think we would be successful in the Atkins request, so we withdrew that and based on that withdrawal obviously Judge Walker can consider the death plenty in the case and override the jury's recommendation of life without parole."

Now it's up to Judge Jacob Walker to decide of Henderson will face lethal injection for killing Deputy James Anderson, or if he will uphold the jury's recommendation of life in prison.

"I'm very concerned Judge Walker will override the juries but we are going to present any information we can in mitigating circumstances to hope that judge walker upholds the jury's recommendation."

News Leader 9 will continue following this story.

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