CLEVELAND, Ohio - Attorneys representing one of the men accused of killing a Warren mail carrier filed a motion Monday asking a federal judge to declare the death penalty unconstitutional.

Thomas Sledge, 44, is charged alongside Kaprise Sledge, 24, in the March 2024 shooting death of U.S. Postal Service carrier Jonte Davis. While federal prosecutors have not yet announced a final decision on whether they will seek capital punishment, the defense team argued in a court filing that the option should be taken off the table before the trial begins.

In the motion filed in U.S. District Court, defense attorneys argue that the death penalty violates the Fifth and Sixth Amendments, as well as the Eighth Amendment’s ban on cruel and unusual punishment. They cite concerns about racial discrimination, the risk of wrongful convictions, and studies suggesting capital punishment does not deter crime.

The defense also argues that the specific laws regarding federal capital punishment do not apply to this case.

To seek the death penalty, the government must prove at least one "statutory aggravating factor"—a specific circumstance that makes the crime heinous enough to warrant execution. The motion states that while federal law lists the murder of judges, law enforcement officers, and corrections employees as aggravating factors, it does not explicitly list postal workers.

"The government cannot rely on a non-statutory aggravator alone to turn a non-capital murder case into a capital case," the motion states.

The filing notes that while the Department of Justice has not made a final decision, the defense is submitting these arguments now because the court has already scheduled a trial. U.S. District Judge Donald Nugent has set the trial date for Feb. 17, 2026.

The next pretrial conference for the case is scheduled for Dec. 18.