One of two men accused in what prosecutors are calling a murder-for-hire case has requested a second attorney with experience in death penalty cases be appointed to represent him.

Freddy Gonzalez and Xavior Posey are under indictment in U.S. District Court in Bowling Green on a charge of murder for hire, stemming from the Dec. 30 shooting death of Brian Russell at his home in Franklin.

Both men have been arraigned in federal court and have been ordered to be held in custody following detention hearings in which U.S. Magistrate Judge Brent Brennenstuhl found that no conditions can be imposed on Gonzalez and Posey to assure their appearance at future hearings or community safety should they be released on bond.

Murder for hire is a federal offense punishable by either life in prison or the death penalty, and a recent filing on Gonzalez’s behalf indicates preparation for the possibility that prosecutors may pursue capital punishment.

Federal public defender Pat Bouldin, appointed to represent Gonzalez, filed a motion Tuesday requesting the appointment of attorney Brian Butler as a second attorney with experience defending capital cases.

Bouldin’s motion cites a statute in federal law that allows defendants charged with capital crimes to have two attorneys assigned to them, of whom at least one is experienced in defending capital cases.

The statute Bouldin cites said a court shall consider the recommendation of the Federal Public Defender organization when it comes to appointing a second lawyer.

Based in Louisville with the Stites and Harbison law firm, Butler has tried more than 100 cases before juries in Kentucky and Indiana.

Butler previously had his own criminal defense firm and has previous experience as a judge advocate general in the U.S. Navy and as a state and federal prosecutor.

Locally, Butler represented one of the defendants in the 2017 La Placita robbery and murder and former Cave City physician Chandra Reddy in a health care fraud case.

Bouldin said in his motion that he has discussed the issue with Butler, who is willing to accept appointment.

Federal prosecutors claim Gonzalez and Posey discussed killing Russell over text messages on Dec. 29-30 and that Gonzalez offered to pay Posey to commit the slaying.

A criminal complaint filed in the case says Gonzalez had dated Russell’s ex-wife until she broke up with Gonzalez in mid-December.

Russell had reportedly told co-workers that Gonzalez had once threatened him with a gun, the complaint said.

Gonzalez and Posey were co-workers at Kentucky Downs in the cafe, and Posey sent Gonzalez an invitation to join the mobile payment service CashApp on Dec. 21, nine days before the shooting.

The night before the shooting, Gonzalez and Posey engaged in a long exchange of text messages that federal prosecutors allege include a discussion of the shooting, and cell tower data showed Posey’s phone was in the Franklin coverage area from 5:07 a.m. to 6:30 a.m. Dec. 30, the complaint said.

Surveillance video footage from a neighbor of Brian Russell’s shows a truck dropping off a person at Greenlawn Cemetery, which leads up to Brian Russell’s back yard, at 5:27 a.m. Dec. 30.

The truck picks up the person at 5:48 a.m., turns toward Brian Russell’s house and speeds away a short time later, according to the complaint.

The Franklin Police Department responded at 6:13 a.m. to a shots-fired call and found Brian Russell on the floor of his home with two gunshot wounds to his chest and one gunshot wound to his head. Officers recovered three spent .380 caliber shell casings and a .380 caliber bullet from the scene, the complaint said.

Gonzalez spoke with FPD detectives Dec. 31, during which he acknowledged knowing Brian Russell and having previously dated Miranda Russell.

“Gonzalez stated that he and Brian did not like each other,” Brown said in the complaint. “Gonzalez acknowledged that he knew where Brian lived and had been there once, but he denied having anything to do with the murder.”

Posey was arrested Jan. 9 on unrelated warrants.

Questioned about Russell’s death, Posey said he was in Bowling Green the night of the shooting.

Officers searched Posey during the arrest and found a hand-drawn blueprint of the layout of Miranda Russell’s house, along with her address, the complaint said.

The federal government lists 41 capital offenses that are punishable by death and the U.S. attorney general decides whether to pursue the death penalty in a capital case.

Cases that are eligible for the death penalty in the federal court system are submitted by U.S. attorneys to the federal Department of Justice for review.

The Attorney General’s Review Committee on Capital Cases evaluates each case submitted for review and makes a recommendation to the U.S. attorney general about the appropriateness of seeking the death penalty.