A Pierce County Superior Court judge has extended the time prosecutors have to decide whether to seek the death penalty against the man charged with fatally shooting an armored car guard during a robbery last month.

Judge Susan Serko signed an order Wednesday extending the deadline for the decision until July 31 at the request of Calvin Finley. Wednesday was the original deadline.

Finley, 34, is charged with aggravated first-degree murder in the June 2 death of Kurt Husted. Husted, 38, died after being shot in the head inside the Lakewood Wal-Mart. Detectives believe Finley was the gunman.

Aggravated first-degree murder is the only charge in Washington punishable by death. Prosecutors put Finley and three co-defendants on notice last month that the death penalty was a consideration.

Since then County Prosecutor Gerald Horne has decided not to pursue the death penalty against the other three defendants – Marshawn A. Turpin, 20; Odies D. Walker, 41; and Tonie Marie Williams-Irby, 42. They will face life in prison without possibility of parole.

In a motion filed Wednesday, one of Finley’s attorneys, Mary Kay High, said his defense team needs more time to prepare a mitigation package to submit to prosecutors.

The package of documents will present evidence and arguments why prosecutors shouldn’t seek death for Finley if he is convicted as charged.

Mark Lindquist, the county’s chief criminal deputy prosecutor, said he did not oppose the extension. Such extensions are commonplace in death-penalty cases. All four defendants have pleaded not guilty and are being held in jail.

Adam Lynn: 253-597-8644

adam.lynn@thenewstribune.com

blogs.thenewstribune.com/crime