The crime did not meet the requirements for a capital murder prosecution in Georgia (probably because he didn’t have a previous felony record, and the murder was not committed during the commission of another capital felony):
“Definition of Capital Homicide:
Murder, rape, armed robbery, kidnapping committed by person with prior record of conviction for capital felony; murder, rape, armed robbery, kidnapping committed while engaged in commission of other capital felony; knowingly created grave risk of death to multiple persons in public place by use of weapon/device; murder committed for financial gain; judicial officer, district attorney or solicitor (or formers) because of exercise of duties; committed as agent of another; outrageously or wantonly vile, horrible or inhuman; against peace officer, corrections officer, fireman while performing duties; offender escaped from lawful custody/confinement; avoiding lawful arrest”
http://statelaws.findlaw.com/georgia-law/georgia-capital-punishment-laws.html
Doesn't this qualify?
That certainly applies............