Danny Lee Wade, who police say killed a disabled Lodi man Monday, was arraigned today on a charge of murder.
The charge carries a special circumstance of murder committed in the course of a burglary a crime punishable by the death penalty.
However, because Wade, 23, does not have a history of violent crime, its unlikely the District Attorneys Office will pursue the death penalty in the case, said Les Fleming, the supervisor of the San Joaquin County DAs homicide team.
The decision wont be made until after a preliminary hearing.
Police say Wade beat Robert DuBois, 38, to death in DuBois apartment in the 400 block of North Loma Drive on Monday night.
Wade is also charged with robbing DuBois, 38, who was paralyzed in a motorcycling accident as a teen.
He knew Wade through one of Wades girlfriends, who used to be his caretaker.
Wades arraignment will continue at 8:30 a.m. May 9 in San Joaquin County Superior Court in Stockton, where Wade will be appointed a public defender until he obtains private counsel, which he said he intends to do.
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