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HUNTSVILLE, Ala. – According to the prosecutor, the suspects in the fatal shooting of Huntsville toddler Livia Robinson will not face the death penalty if they are convicted of capital murder.

Martin Evenes, Dominique Russell, and Brittany Kingston

The three suspects, Martin Evenes, Brittany Kingston, and Dominique Russell, will automatically be sentenced to life in prison without the possibility of parole if they are convicted of capital murder.

According to our news partners at, at a court hearing for Evenes on Thursday Madison County Assistant District Attorney Tim Douthit declared he won’t seek the death penalty in the case.

Defense lawyer Larry Marsili represents Evenes alongside Chad Morgan and said they are pleased the death penalty is off the table.

According to Alabama law, the death penalty can be sought for the intentional killing of a child. reported Douthit said there is no evidence that any of the suspects intended to kill Livia.

Livia Robinson

The three-year-old was killed on March 7, 2018, when a bullet that was intended for a woman who was involved in a dispute with Evenes and Kingston hit Livia in the head. Police said the drive-by shooting happened at Livia’s home on 615 Murray Road.

At Evenes’ preliminary hearing in April of 2018, Investigator Frank Rosler with the Huntsville Police Department said Evenes confessed to firing shots at the house. Rosler also said Evenes never confessed that he was aiming for a specific person.

“As perverse as it sounds, the terrible murder they tried to commit was not the same as the heinous murder they actually committed…,” Douthit said in a statement to “What occurred in this nightmarish case is beyond the pale. We are cognizant of that, and we intend to fully prosecute it.”