A grand jury will hear the case involving Billy Sartin.
Sartin is accused of shooting three people last week, killing two of them.
Listening in court to police describe how her Uncle Billy Proctor was killed was just too much for Diane Smith.
"He shot my uncle and just left him there to die, like a dog," Smith said.
Smith says she and her family want to see the man allegedly responsible suffer a similar fate.
"We hope he does get the death penalty," Smith said.
Billy Sartin is charged with murdering Billy Proctor and Jeffrey Mattox and also shooting and kidnapping Sue Collins.
Commonwealth's Attorney Anna Melvin says there are no decisions yet on a potential death penalty trial.
"There's a factor that would enter in here that would make it death penalty qualified, but we don't make those decisions," Melvin said.
Sartin's state appointed attorney says it's too early to even think about a trial, but Tuesday's hearing is the first step.
"It's the beginning of a long process and the end of one tragedy and the beginning of a process to deal with that tragedy," Theodore Shouse said.
Both prosecutors and defense attorneys agree it's too early to think about a death penalty trial, and both say right now they have to go through the psychological evaluation.
First, a grand jury must hear the case.
The Martin County Grand Jury is expected to hear the case in three weeks.