A judge has ruled if a man accused of killing a six-year-old boy, will be eligible for the death penalty, if he's convicted.
Lewis "Buck" Ballard's lawyers say he has an IQ too low for him to be put to death.
Prosecutors argue the tests Ballard took are outdated.
Today, a Bourbon county judge ruled that Ballard is eligible for the death penalty.
Ballard is charged with molesting and killing Wesley Mullins in a Paris garage.
The trial is scheduled for October.
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