Suspects in Cady Way murder case won't face death penalty

2 charged in deaths of Winter Park teens

ORLANDO, Fla. - Prosecutors on Friday announced that they will not seek the death penalty against the two men charged with murder in the deaths of two Winter Park teens who were shot and set ablaze along Cady Way Trail.

The state, however, could choose to seek the death penalty at a later date, according to a court clerk.  The murder trial is scheduled to begin Nov. 5.

Also on Friday, the state attorney's office released hundreds of pages of documents in the murder case.

Jesse Davis and Hector Rodriguez have been charged in the April deaths of Nicholas Presha, 16, and Jeremy Stewart, 18, who attended Winter Park High School.

The teens were shot and killed along Cady Way Trail in Orange County.  Their bodies were then set on fire.

In the 600 pages of newly released documents, investigators interviewed Davis' girlfriend said she held a gun while Davis and Rodriguez confronted the teens.  Others were also present at different times during the incident, documents show.

Davis, 30, and Rodriguez, 31, are charged with two counts of first-degree murder and two counts of armed kidnapping.

A hearing to determine whether Davis is mentally competent to stand trial was continued until next week.

Davis and Rodriguez are being held without bond at the Orange County Jail.

Copyright 2012 by All rights reserved. This material may not be published, broadcast, rewritten or redistributed.