Pike County Prosecutor Alex Ellison recently learned that Circuit Court Judge James Beck ruled in his favor on the Matthew Todd double murder case, allowing him to seek the death penalty.

“The case is now in Circuit Court before Judge Beck after a Grand Jury indictment last year. I filed a notice of intent to seek the death penalty a couple of months ago,” Ellison told the Pike County News. “Recently, the defense filed a motion asking the court to preclude the state from seeking the death penalty due to their allegation that doing so would constitute prosecutorial vindictiveness.”

Normally, Ellison would not release what he offered in a plea bargain but noted that the defense had mentioned it in its filing to try and prevent him from seeking the death penalty. If Todd, who is charged with shooting his son and his son’s girlfriend last year, killing both, plead guilty, he would only ask for life without parole.

According to Ellison, Todd rejected that plea deal.

In his written statement to the defense, Ellison said that if the deal was rejected, he would seek the death penalty.

“The judge denied (the defense’s) motion after a hearing where both the defense and state argued on the issue. The court ultimately held that it is within the prosecutor’s authority to pursue the death penalty in a murder case and that nothing in the record indicates that doing so would constitute prosecutorial vindictiveness,” he said.

In their filing, Ellison said, the defense asked that the court to make a ruling that the facts of the case do not support the death penalty.

“The judge held that the jury in a trial is the body that should decide on whether the death penalty is appropriate and that the court deciding that issue before a jury can hear the facts of the case would be inappropriate,” he explained.

The next step is a case review on Sept. 2. In a case such as this, Ellison said it probably would not go to trial until sometime next year.

“There was also an order denying the defendant’s motion to order DNA testing of any matter found under one of the victim’s fingernails, but the court did order that the State make such matter available for testing if the defense wishes to do so themselves, which I consented to,” he added.

According to court records, Todd, 52, is accused of shooting and killing Timothy Todd, 26, and Kaitlyn Potter-Navratil, 26, at his Eolia home in July 2024.

According to witnesses, the three individuals were arguing prompting Matthew to tell them to leave. When they didn’t, he fired three shots in the ceiling before shooting and killing his son and his son’s girlfriend.

Ellison had indicated at the initial filing that he would be seeking the death penalty but later offered the plea deal.

Todd is charged with two counts of first-degree murder, one count domestic assault in the first degree, one count of unlawful use of a weapon and three counts of armed criminal action.