ken atkin son died when he was shot trying to come to the aid of a neighbor. she survived and so was another neighbor who was another hearing this morning, right? >> reporter: that is correct. the arraignment was continued for a later date. it was very short but we did learn that the prosecution is considering the death penalty. we talked to the attorneys and asked them what they look for in a case like this to determine if it is appropriate. >> one is the manner of the murder, how it occurred. risk of death. those are the types of factors. >> reporter: he is facing 12 felony counts including one count of first-degree murder after deliberation. he is accused of shooting and killing dr. atkinson and wounding two women, one of them his wife. it was a quick hearing this morning. family and friends of the doctor, they were supporting him. lyons is a ledged to have killed dr. atkinson and his family was in e the people intend to be here through the entire court process. >>> although he was seenly deemed competent to stand trial, today the judge advised his defense