Two Brookhaven men are facing the possibility of the deathpenalty following their indictment on capital murder charges by theLincoln County Grand Jury.

Jerrard T. Cook, 17, of 2123 Madison Road, and Cearic A. Barnes,18, of 830 Beauregard St., were charged with capital murder in theJune 18 slaying of Marvin Durr. Durr and his burned car were foundthat morning on South Washington Street.

Following the indictments, District Attorney Danny Smith praisedlaw enforcement and their investigation of the incident. He saidthere was outstanding work by the Lincoln County Sheriff’sDepartment and the Brookhaven Police Department.

“It’s a very strong case,” Smith said. “This case is a goodexample of what happens when law enforcement agencies worktogether.”

A capital murder conviction carries the possibility of the deathpenalty. The maximum sentence for murder is life in prison.

Capital murder charges can be pursued when there is a deathduring the commission of another crime, Smith said.

Authorities believe Cook and Barnes were intent on taking Durr’svehicle and using it in a robbery. An investigation indicated thatDurr was shot once and then the car was set on fire.

Smith said he believed the case met the legislature’s definitionof a capital murder case.

“I believe it is incumbent upon me to enforce the laws as theywere intended by the legislature,” Smith said.

Cook and Barnes were among 61 indictments returned during afive-day grand jury session that ended late Friday.

Arraignment proceedings for indicted defendants are scheduledfor Sept. 18 before Judge Mike Smith.

Representatives from the Public Defender’s Office have beenpresent for preliminary hearings involving Cook and Barnes.However, the Office of Capital Defense in Jackson is expected toparticipate in the capital murder suspects’ defense as the casegoes forward.

An indictment is not a statement on the guilt or innocence ofthe accused. An indictment represents a belief by the grand jurythat there is probable cause to proceed further with the case.

Charges in other cases heard by the grand jury included armedrobberies, arson, aggravated assault, sexual battery, and a usualnumber of burglaries, DUIs and drug cases, District Attorney’sOffice officials said. Ten of the cases involved bad checks,officials said.

The names of those indicted are not made public until theaccused is served with copies of the court papers.

The sheriff’s department is in the process of servingindictments. Sheriff Lynn Boyte said suspects in 35 of the 61indictments were either in jail or on bond.

“We had some pretty tough cases this time,” Boyte said during arecent community elected officials meeting.

Also during that meeting, Circuit Clerk Terry Case Watkins saidthere have 291 indictments issued this year. With another grandjury session later this year, she said the county is on pace forabout 375 indictments.