ATLANTA - Two men charged with killing an undercover sheriff's deputy after he broke into their house in an early morning raid are challenging the state law that allows prosecutors to seek the death penalty.
Authorities say Antron Fair and Damon Jolly shot and killed Bibb County Sheriff's Deputy Joseph Whitehead in 2006 after he raided their home with a no-knock warrant.
The two men told the Georgia Supreme Court Monday they shouldn't face capital punishment because they didn't know Whitehead was a law enforcement officer.
Georgia law allows prosecutors to pursue the death penalty if ``the offense of murder was committed against any peace officer.''
The suspects contend that someone who knowingly kills a police officer should not be considered the same as someone who kills an undercover cop without knowing he's law enforcement.