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Nathaniel Burris, 46, of Richmond, could face the death penalty if convicted of charges that he fatally shot his ex-girlfriend, toll collector Deborah Ross, 51, of Richmond, and her new boyfriend, Ersie Everette III, 58, of San Leandro, in August.
Burris' attorney, acting public defender Robin Lipetzky, would not comment on the plea, which has been repeatedly delayed.
Prosecutor Paul Sequeira said the Contra Costa County Public Defender's Office would not allow a defendant to plead guilty in a capital case before the District Attorney's Office agreed to not pursue the death penalty.
By state law, defendants in capital cases cannot plead guilty over their attorney's objection. The District Attorney's Office routinely decides whether to seek capital punishment after a defendant is held to answer on charges at a preliminary hearing.
Burris is charged with two counts of murder and two special allegations -- lying in wait and multiple murders -- that make him eligible for the death penalty. A judge stopped him from pleading guilty at his first court appearance, before he had an attorney, just a few days after the shootings.
Prosecutors say that Burris, upset over his breakup with his longtime girlfriend, set a trap for the victims by slashing
Everette's truck tires in the toll booth parking lot on Aug. 11.
He allegedly watched with binoculars from afar until Everette, a bus driver, returned to his truck and called a road service. Burris ran over and shot Everette, and then ran over to Ross' toll booth at shot her, prosecutors said.
Burris returns to court in February to set a preliminary hearing date.
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