Jefferson County Assistant Commonwealth's Attorney Leland Hulbert told The Associated Press on Monday that 55-year-old Mahmoud Yousef Hindi could face the death sentence if he is charged with both deaths and convicted.
Hindi, a doctor educated in Jordan, was arrested after the shooting Thursday night and charged with murder in the death of 73-year-old David Merritt, who died at the scene. Hindi pleaded not guilty Saturday to that charge as well as assault and wanton endangerment. Bond was set at $1 million.
The second man, 69-year-old Marvin Fisher, died Sunday.
Hulbert said the case will go before a panel within a couple of weeks.
Police say Hindi had a history of disputes with the homeowners group about a fence and driveway in the upscale neighborhood.
Hindi is the former operator of the Western Kentucky Clinic in Mayfield. He opened the clinic in 2002 at the corner of North 9th and North Streets. He closed the clinic in 2005 and left Mayfield soon after.