Judge J. Clay Gossett said the state has filed paperwork indicating its intent to waive the death penalty in the case of Darnell Hartsfield.

Hartsfield's cousin, Romeo Pinkerton of Tyler, pleaded guilty in October to his role in the killing of five people taken from a Kentucky Fried Chicken restaurant. Pinkerton was sentenced to five life prison terms.

Gossett also ordered Hartsfield's trial to be moved from Rusk County to Brazos County. Jury selection begins Sept. 8 in Bryan.

Prosecutors declined comment on the decision to waive the death penalty, citing a gag order.