HUNTSVILLE, Ala. (WHNT) – Madison County prosecutors will seek the death penalty against 19-year-old Ervin Akeem Tolbert.
Tolbert is charged with capital murder in connection with the death of 78-year-old Wade Wharton.
Investigators say Tolbert beat Wharton to death on January 15 during a burglary attempt on Nassau Drive in Huntsville.
Tolbert’s attorney filed a motion requesting his client undergo a toxicology test. The defense claims Tolbert was under the influence of the prescription drug Xanax the night of the incident. Court documents state Tolbert stole the pills from his mother’s cabinet.
A judge granted the motion and Tolbert underwent the test on January 23.
Tolbert is currently being held without bond in the Madison County Jail.