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Judge could allow man accused of killing APD officer to undergo psychiatric evaluation

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The man accused of shooting and killing an Austin police officer last year was back in court.

Tuesday, the state requested that Brandon Daniel undergo a psychiatric evaluation before his capital murder trial begins next year.

Daniel walked into the courtroom this afternoon in his jailhouse stripes. In the hearing which lasted 15 minutes, Judge Brenda Kennedy could allow Daniel to undergo psychiatric evaluation performed by a state psychiatrist, but only if the defense plans to use his mental state in the trial.

So far defense attorneys have not said if they will do that, but add they will make a decision closer to the start of the trial.

Daniel is accused of shooting and killing Austin Police Officer Jaime Padron outside of a north Austin Wal-Mart in April 2012.

Padron was dispatched to the store after someone notified APD that a man was allegedly shoplifting and possibly drunk.

When Padron began to apprehend him police say Daniel pulled a gun and shot Padron.

If convicted, Daniel could face the death penalty. His attorney, Russell Hunt, stopped short of saying he's innocent, but says capital punishment is not appropriate.

"I certainly don't think Brandon Daniel deserves the death penalty, that's for sure. Beyond that I can't really speculate," Hunt said.

The next pre-trial hearing to figure out when Daniel.

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