He's accused of murdering an unsuspecting 26-year-old waiter who simply got in his way during a robbery at One Guy from Italy's restaurant at 50th and Quaker. It was the day after Christmas in 2011.
Two years after the shooting, the trail for capital murder defendant Brian Suniga is expected to begin.
District Attorney Matt Powell said he intends to seek the death penalty.
Suniga, along with co-defendant Sesilio Lopez, Jr. is accused of shooting David Rowser while making a get away. Suniga was reportedly wearing white contact lenses which blocked out his eyes as he demanded the contents from the cash register. It was locked, so Suniga and Lopez reportedly took the tip jar. They ran into Rowser on the way out and that's when police say Suniga fired two shots into Rowser's chest.
After a number of tips from witnesses, including Lopez' ex-girlfriend, and quick work by law enforcement, the two were picked up on Interstate 20 near the community of Tye, just outside of Abilene.
A trial date has not been set yet for Lopez.