A 25-year-old man accused of killing a man and attempting to kill a woman during a May 11 shooting in south Cheyenne has been bound over to Laramie County District Court.

Frank McHenry appeared before Circuit Court Judge Thomas Lee this (Thursday) morning.

Laramie County Sheriff's detectives say McHenry kicked in the front door of a relative's home at 523 Pontillo Drive, stole an AR-15 and shot at Joseph "Stevie" Tortolito and Kristen Smith, two Cheyenne residents who were working in the area.

Tortolito, whose body was found in a nearby junk pile, was shot five times. Det. Sgt. Mark Hollenbach says the 61-year-old had a severe wound to his head and had been dragged.

Smith, whose dad called 911, was struck once in the hip. Her truck was also hit by gunfire.

Lead investigator Det. Aaron Foy says McHenry's DNA was found on the AR-15 and on the back of Tortolito's pants, indicating McHenry dragged Tortolito after shooting him.

Shortly after Tortolito's body was found, Foy says McHenry came out of a house at 609 Pontillo Drive brandishing a .22 caliber pistol and tried to flee in the homeowner's Suburban.

McHenry was arrested and taken to the Sheriff's Department. While in the interview room, McHenry pulled down a three-foot section of metal heating/air conditioning duct and struck a detective with it.

McHenry was tased, but became very aggressive when detectives and deputies tried to restrain him, causing cuts and scrapes to one's hand and kicking two others.

McHenry was bound over on charges of first-degree murder, attempted first-degree murder, two counts of aggravated burglary-deadly weapon, four counts of interference with a peace officer-injury and misdemeanor property destruction. If convicted, he could face the death penalty.

McHenry's attorney asked the court to set a bond in the case, saying the state hasn't given notice that it will seek the death penalty, but Lee denied the request.

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