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Man Won't Testify Against Brother in Killing

Posted: Feb 25, 2013 6:09 PM by Associated Press

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CLAYTON (AP) — Prosecutors announced plans to seek the death penalty against a man accused of killing two employees inside a suburban St. Louis restaurant after he refused to testify against his brother.

A source reported that 24-year-old Anthony D. Akins backed out of a plea deal with the state Monday morning.

He pleaded guilty in June 2011 to two reduced counts of second-degree murder for his role in the November 2008 armed robbery at the Steak 'n Shake restaurant. Forty-four-year-old Tammy Cantrell and 24-year-old Mark Gerstner were killed.

Through his plea, Akins had promised to testify against his younger brother, Oundre, the alleged gunman. Because Oundre Akins agreed to a trial before a judge without a jury, prosecutors agreed not to seek the death penalty against him.

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