LOUISVILLE, Ky. (WDRB) – The Jefferson County Commonwealth's Attorney will seek the death penalty against three people accused of murdering a tourist in town for the Kentucky Derby, according to spokesperson Jeff Cooke.

Cooke says the office filed a notice of aggravating circumstances last week, telling the court the prosecution would be seeking capital punishment in the case against Fahed Abu-Diab, Fatima Abu-Diab and Tyrone Thomas Jr.

“The aggravating circumstance in this case is that the murder was committed during the course of a robbery in the first degree,” Cooke said.

Fahed and Fatima Abu-Diab are charged with murder. Thomas is charged with complicity to murder.

All three are facing nearly a dozen robbery charges and Fatima Abu-Diab is also facing a possession of a controlled substance charge.

Cooke says the filing is a notice that death, and life without parole are potential penalties in the case.

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