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to ask jurors to consider whether Daniel should be executed if convicted.

Police officials have said that Daniel, a 25-year-old software engineer, took a pistol from his pocket and fatally shot Padron as the two struggled on the floor of a North Austin WalMart. Padron was said to have been responding to a call about a possible shoplifter in the store near Interstate 35 and Parmer Lane.

After the pretrial hearing Monday, Brad Urrutia, another of Daniel’s defense attor- neys, said his client had expressed remorse and that his attorneys would work to piece together his story.

“This case is not going to come down to whether he killed the officer or not. This case is going to come down to whether he should die for it,” Urrutia said. “He is a young kid, he has no record, and there is nothing indicating that he is a future danger to anybody.”