NICHOLS, S.C. (WBTW) — The defense team for a man accused of kidnapping and killing an 80-year-old Nichols woman last year will ask for the trial to not proceed as a capital case, according to court documents filed earlier this month.

Dominique Brand, of Marion, is charged with holding Mary Ann Elvington at gunpoint in her car, making her drive to North Carolina and then Lakeview, and then shooting her with a shotgun behind an abandoned grocery store in Marion County.

He faces charges of kidnapping resulting in death, carjacking resulting in death and the use of a firearm in furtherance of a crime of violence resulting in the death of a person in such a manner as to constitute murder. The crime is eligible for the death penalty.

The request to take the death penalty off the table is included in a motion for continuance, which states that “counsel believes they cannot effectively advise Defendant on the case until after they meet with the Capital Case Section and obtain a determination on the authorization of this case.”

A failure to approve the postponement would “result in a miscarriage of justice,” according to the documents. The defense has spoken to Brand about the decision, and he has waived his Speedy Trial Act rights.

In the documents, the defense asked to be excused from the Feb. 22 pretrial conference, which was later pushed back to May. Its meeting with the Capital Case Section of the Department of Justice is scheduled for March 7. During the meeting, the defense plans to ask for the case to proceed as a non-capital criminal case.