3-men accused of gunning down a 21-year-old man in aptos this past may appeared in a santa cruz county courtroom thursday. prosecutors announced they would not seek the death penalty in the case against alfredo alanis Garcia, Christopher Herrera-bermudez and Rafael Zamora barron. The-3 have pleaded not guilty to killing live oak resident Fernando Mendoza-avila as he walked on the freedom boulevard overpass of highway-1. the 3 men are scheduled to return to court for a preliminary hearing on December 10th.