The 12th Judicial Circuit State Attorney will pursue the death penalty against Andres “Andy” Avalos for the Dec. 4, 2014, triple homicide in Bradenton.
In a Feb. 18 letter to Avalos’ attorney, Assistant State Attorney Art Brown advised that “the state shall be seeking the imposition of the death penalty.”
A grand jury indicted Avalos Dec. 16 for the first-degree murders of three people: Amber Avalos, his wife; Denise Potter, a neighbor; and the Rev. James “Tripp” Battle III, pastor of the Bayshore Baptist Church.
Avalos, 34, is being held in Manatee County Jail without bond.
Avalos allegedly beat, shot and hanged his wife and shot Potter at his northwest Bradenton home and then drove to Bayshore Baptist, 6525 14th St. W., Bradenton, where he allegedly shot Battle in the courtyard. Avalos was arrested by the Manatee County Sheriff’s Office after a three-day manhunt.
Avalos confessed to the killings, according to MCSO reports, but pleaded not guilty in court and asked for a jury trial.
According to MCSO Detective John Kenney of the homicide investigative unit, Potter was acquainted with Amber and Andres Avalos, and cleaned homes with Amber. Potter previously lived in Holmes Beach.
Avalos’ next court date will be a case management conference in April.
Death penalty cases require a jury — if not waived by the defendant — to unanimously find first-degree murder beyond a reasonable doubt.
In Florida, the same jury hears evidence of aggravating factors and mitigating circumstances in a penalty phase, and a simple majority is needed to recommend the death penalty.