Prosecution not seeking death penalty for alleged gunman - | Chattanooga News, Weather & Sports

Prosecution not seeking death penalty for alleged Hutcheson gunman

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WALKER COUNTY, GA. (WRCB) -- New details have surfaced Wednesday in the case against the man accused of gunning down two people inside Hutcheson Medical Center.

District Attorney Buzz Franklin tells Channel 3, the prosecution will not seek the death penalty for 59-year-old James Benson, who faces 10 charges including two counts of felony murder.

Police say Benson allegedly shot and killed his estranged wife, Mary Sue Benson and her mother, Charlotte Johnson, in a hospital waiting room on January 7.

Police say Benson then walked into the Fort Oglethorpe Police Department and turned himself in.

Franklin says Benson's alleged acts do not qualify as a death penalty case.

Stay with for updates to this developing story.


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