CLEARLAKE, Calif. – The District Attorney's Office will not seek the death penalty against two former Maine residents charged with killing a couple who moved from Maine to California to work in a marijuana operation.

Lake County Deputy District Attorney Art Grothe confirmed that the death penalty will not be sought in the prosecutions of Robby Alan Beasley, 30, and 28-year-old Elijah Bae McKay.

Beasley and McKay appeared separately in brief hearings on Tuesday morning in Judge Stephen Hedstrom's Clearlake courtroom.

They are charged with the January 2010 double murder of Frank and Yvette Maddox, who Beasley is alleged to have shot on the side of Morgan Valley Road because he suspected the couple were stealing marijuana from him.

The men are facing separate trials on two counts of murder and special allegations of committing multiple murders in the first or second degree, committing the offenses with the intent to inflict great bodily injury on the victims and using a 9 millimeter firearm.

Beasley also is charged with having a previous felony conviction in Maine for criminal threatening with a firearm.

Grothe said in a previous interview that the alternative to the death penalty was to seek life without the possibility of parole for the men.

On Tuesday Beasley appeared for a trial readiness conference, as his trial had been scheduled to start next month.

However, his attorney, Stephen Carter of Lower Lake, entered a motion that morning to continue the hearing to later this year. Grothe did not oppose the request.

Hedstrom approved the motion, ordering Beasley to appear in Lakeport on Aug. 22 for a trial readiness and settlement conference.

The judge also rescheduled Beasley's trial, which now is set to start on Oct. 3 in a department yet to be determined.

McKay appeared for entry of plea and the setting of his preliminary hearing. However, his case, too, was continued.

Attorney Justin Petersen appeared on behalf of McKay's attorney, Richard Petersen of Ukiah, who is reportedly suffering from health problems that will prevent him from continuing with the case.

Hedstrom continued McKay's hearing to May 24, at which time there also will be a possible substitution of counsel.

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