Julius Charles Enoe, 31, of Reading, who faces criminal homicide, lost his appeal in Schuylkill County court to prevent the district attorney from seeking the death penalty if he is found guilty by a jury.

Judge Jacqueline Russell ruled, "Because the law provides that where 'evidence exists to support any aggravating factor, the prosecutor's discretion in proceeding with the case as capital should not be disturbed'"Enoe was charged by Trooper Edward Lizewski with criminal homicide, criminal conspiracy, robbery, burglary, aggravated assault, aggravated assault with a deadly weapon, theft, simple assault and four counts of recklessly endangering another person.The information filed to court that last March at the residence of Kasa Brennan, 333 Center St., Shenandoah, Enoe allegedly fired the shot that killed Bruce Forker, and removed $5,000 in cash from the home.At the hearing before Russell there was testimony which showed the victim was or had been involved, associated or in competition with the defendant in the sale, manufacture, distribution or delivery of controlled substances and the killing resulted from or was related to that association, involvement or competition to promote the defendant's activities in selling, manufacturing, distributing or delivering controlled substances.