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.
http://accesswdun.com/article/2010/6/229882