Accused killer could still face death penalty

Defense has asked state attorney to take death penalty off table

JACKSONVILLE, Fla. – The man accused of shooting and killing a cellphone store manager in 2013 could still face the death penalty if convicted of murder when he heads to trial.

James Rhodes appeared in court Wednesday as attorneys on both sides argued motions that would take the death penalty off the table in the slaying of 20-year-old Shelby Farah.

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Rhodes' attorneys said they are seeking a plea deal that would keep him in prison for the rest of his life. It's a deal the victim's mother wants prosecutors to take.

But the State Attorney’s Office has not accepted it.

State lawmakers are coming up with a new death penalty plan after a U.S. Supreme Court ruling invalidated Florida's death penalty law.

Rhodes' attorney argued Wednesday that because of that decision in January, which ruled that Florida’s method of sentencing people to death was unconstitutional, that the death penalty in this case should not be an option.

The state argued that even though the Supreme Court asked for the death penalty to be looked at, it was constitutional.

The judge also heard arguments from the state and defense about a potential plea for Rhodes.

His attorney said he is willing to plead guilty to murder and get two consecutive life sentences plus 20 years in state prison. There wouldn't be a trial, he could not appeal and the death penalty would not be an option.

Prosecutors said they have no objection to a plea, but want the death penalty to be an option for a jury during sentencing.

Darlene Farrah, the victim’s mother, wants the state to accept Rhodes’ plea.

After the hearing, Farrah stuck by her call for the state to stop seeking the death penalty for her daughter's accused killer.

“I'm not feeling sorry for him. It takes everything out of me when I go in the courtroom and look at him it really does,” Farrah said. “He was old enough to know wrong from right when he did it. He needs to suffer the consequences. I mean, he took away an innocent life, but I don't think the consequence should be death.”

Rhodes' next hearing is set for 9 a.m. March 21. The legislative session will be over by then and the state will likely have a new death penalty law by then.

If there's no plea bargain, Rhodes' trial is scheduled to start in May.

Farah wrote an opinion piece for Time magazine on the subject, titled “My Daughter's Killer Should Not Get the Death Penalty.”

Cellphone store clerk killed in robbery

Rhodes is charged with first-degree murder in the killing of Shelby Farah during a robbery of a Brentwood cellphone store.

Police said that after several hours of questioning, Rhodes confessed.

Police said Farah was found dead after officers responded to a report of an armed robbery at the store on Main Street near 21st Street.

Police said Rhodes pointed a gun at the 20-year-old and demanded money. They said she cooperated and after she handed him the last bit of money, he fired four rounds, killing her.