ATLANTA - The family of Joshua Richey appeared at the hearing for the man accused of killing him outside a Kroger grocery store.
Richey, a father of four, was killed March 10 in the parking lot of the Kroger on Ponce de Leon Avenue. Investigators said they believe that Demarius Thompson was trying to steal Richey’s truck and tools from the store parking lot when Richey was shot.
In court, Thompson's attorney claims he couldn't remember what happened the day of the murder, because he is schizophrenic, bi-polar, manic depressive and has ADHD.
Richey's family shook their heads while hearing this defense in court. Richey's mother called this defense, "Bull crap".
The judge says there was enough evidence to move the trial forward against Thompson.
Richey's mother told Channel 2 Action News she wants Thompson to get the death penalty.
Police recently arrested Shontavious Chestnut, 25, at a relative's house in Florida.
Investigators say Chestnut is the driver seen on surveillance video helping Demarius Thompson escape the scene of the shooting that killed Joshua Richey.
The Kroger grocery store in the city's Poncey Highlands neighborhood where Richey was shot was given the nickname "Murder Kroger" years ago by Atlanta residents after a dead body was found inside a car in the store's parking lot.
Kroger officials have worked to rebrand the store, calling it "Beltline Kroger," a reference to a trail that loops the city and connects many of its neighborhoods.