Published: June 22, 2009 11:22 pm      

Death penalty not sought in capital murder

GREENVILLE — A Royse City man will not be facing the death penalty, if he is convicted of capital murder in connection with the shooting death last October of Jason Herrington of Quinlan.

Prosecutors announced Monday that David Earl Hickman, 30, will receive an automatic sentence of life in prison if he is convicted of capital murder. Assistant District Attorney Steve Tittle made the announcement during an interim hearing in the 196th District Court.

Judge Joe Leonard scheduled another interim hearing for Aug. 10. Hickman does not have a trial date set.

Prosecutors have also chosen not to see the death penalty for Tracie Danielle Alphin, 21, of Quinlan, should see be convicted of capital murder involving Herrington’s death. Alphin currently has trial set for Oct. 26.

Both Hickman and Alphin have admitted being at the scene of Herrington’s death, according to a criminal complaint filed by the Hunt County Sheriff’s Office. But Hickman blamed Alphin for the killing, while Alphin told investigators Hickman fired several rounds at Herrington.

Both defendants have pleaded not guilty and both remain in custody at the Hunt County Jail, each in lieu of $1 million bond.

The indictments filed against Alphin and Hickman allege Herrington, 34, was killed on Oct. 19, 2008 while the defendants were in the course of committing a robbery. Herrington’s body was discovered early on the morning of Nov. 25, 2008 along County Road 2276, off of Farm-To-Market Road 36. Investigators were led to the scene by Hickman. Herrington died of multiple gunshot wounds, according to autopsy results.

Hickman and Alphin were believed to have murdered Herrington and left his body on the side of the road, then sold both the gun used in the murder and the vehicle which Herrington was driving.

According to the complaint, Alphin told investigators she and Hickman were riding in a Honda Civic which Herrington was driving early that morning. Alphin said Herrington drove the pair to Alphin’s father’s residence, where she stole a 9mm pistol which she intended to sell. The three then drove off and planned to “smoke a bowl” of marijuana. After the vehicle came to a stop, Alphin said, Hickman took the gun and pointed it at Alphin and Herrington, ordering them out of the car, then shot Herrington multiple times.

A female acquaintance of Hickman’s said he came by her home later that day, accompanied by Alphin, and sold her the gun for $100, telling her he was going to Houston for a few weeks and that he intended to reclaim it and repay her when he got back. The female said she immediately turned the weapon over to the sheriff’s office once she heard about Herrington’s disappearance.

Hickman was said to have offered to sell the Civic to a male acquaintance, who took possession of it and then gave it to a female friend of his. The vehicle was later found parked outside of a Hawk Cove store.

Hickman was arrested on Nov. 24, 2008 at a gas station in Dayton, northeast of Houston and told investigators it was Alphin who did the shooting and led officers to Herrington’s body. Alphin was arrested at a residence in Garland later that day.