FLORENCE COUNTY, S.C. (WBTW) — A man accused of kidnapping and killing an 80-year-old Marion County woman in March 2021 will now have his case decided by a judge and not a jury, according to the U.S. attorney’s office for the district of South Carolina.

Dominique Brand, who is accused of killing Mary Ann Elvington, chose to have a bench trial instead of a jury trial, meaning a judge will hear evidence and decide the outcome of the trial, the U.S. attorney’s office said.

Jury selection in the case had been scheduled for Tuesday but is no longer necessary because of Brand’s decision. A trial is still to begin on Sept. 6.

Brand, who is from Marion County, allegedly held Elvington at gunpoint in her car and forced her to drive to North Carolina and then to Lakeview before shooting her with a shotgun behind an abandoned grocery store in Marion County.

The crime is eligible for the death penalty, but his attorneys hope to get it taken off the table, according to court documents filed in February.