State seeking death penalty for Bradenton triple murder suspect Andy Avalos

MANATEE -- The State Attorney's Office announced Wednesday it is seeking the death penalty for Andres "Andy" Avalos, accused of a Bradenton triple murder.

Assistant State Attorney Art Brown said he sent the death penalty notice Wednesday afternoon to Avalos' attorney, Franklin Roberts, who declined comment.

Avalos, 33, is charged with first-degree murder in the deaths of his wife, Amber Avalos; neighbor, Denise Potter; and Pastor James "Tripp" Battle.

Investigators say Avalos hanged his 33-year-old wife from a cord Dec. 4 in the laundry room of their northwest Bradenton home, then beat and shot her. He then shot Potter, 46, who was visiting, before going to Bayshore Baptist Church and shooting Battle in front of his wife, Joy Battle.

"When we consider the death penalty for any case, we look at the aggravating factors," Brown said. "In this case, we decided the death penalty was appropriate."

Aggravating factors can include the age and number of victims; whether the suspect was convicted of previous felonies; whether the suspect was a criminal gang member; if the act was "especially heinous, atrocious or cruel;" or if the act was committed "in a cold, calculated, and premeditated manner without any pretense of moral or legal justification."

If convicted of first-degree murder, Avalos will be sentenced to either death or life in prison without parole.

Brown said Avalos gave a full confession to the killings in early interviews with Manatee County detectives, but Avalos pleaded not guilty to the original charges of second-degree murder, according to court records.

Criminal defense attorney Adam Tebrugge in 2005 represented Joseph Smith, who was convicted and sentenced to die for the rape and murder of Carlie Brucia in Sarasota. Tebrugge, who has an office in Bradenton, said he doesn't think the death penalty would be appropriate for Avalos.

While the state tries to prove the aggravating factors beyond a reasonable doubt, the defense will be looking into mitigating factors such as mental illness or past good character, Tebrugge said.

"I understand that the crime in this case is outrageous and unsettling, but the state seeks the death penalty far too often. It doesn't feel necessary here," Tebrugge said. "The family context gives a lot of opportunity for mitigating circumstances."

Tebrugge said seeking the death penalty means the case could take two or three years to go to trial rather than six months.

Tebrugge said he knows felons on death row who have been there for more than 30 years after being sentenced.

The family of Amber Avalos has hinted Andy Avalos had problems with drug abuse and drinking, and his wife had tried to get him to seek help. The couple had six children. Potter had three children and Battle had two.

After the crimes, deputies searched for Avalos for 51 hours before he was arrested near Bayshore Baptist Church.

Avalos is next scheduled to appear in court April 9.

This story was originally published February 19, 2015 at 12:00 AM with the headline "State seeking death penalty for Bradenton triple murder suspect Andy Avalos."