Neither 35-year-old Eric Floyd nor 41-year-old Levon Warner fired the shots that killed 39-year-old Sgt. Stephen Liczbinski, but prosecutors are pursuing the death penalty when their trial opens Monday.
Investigators say Liczbinski was pursuing Floyd, Warner and a third man, Howard Cain, following a May 2008 bank robbery.
When the suspects couldn't shake Liczbinski, authorities say they stopped and Cain fired on Liczbinski, killing him.
Cain later died in a shootout with police.
