NEWTON ? Prosecutors could seek the death penalty against a Newton man suspected of fatally shooting a sheriff’s deputy during this weekend’s deadly standoff.

Gregory A. Moore, 46, is facing one count of capital murder in the death of Harvey County Deputy Sheriff Kurt Ford, 38, according to the criminal complaint filed in Harvey County District Court.

Filing the capital murder charge allows Atty. Gen. Phill Kline to seek the death penalty, but the final decision about whether to pursue that has not yet been made, Whitney Watson, spokesman for Kline’s office, said Tuesday.

Moore was also charged with two counts of attempted capital murder — one for allegedly shooting and injuring Hesston Police Detective Christopher Eilert and another for allegedly shooting at Harvey County investigator B.J. Tyner.

Other charges include one count of aggravated kidnapping and one count of criminal possession of a firearm. The firearms charge noted Moore has an earlier felony conviction for aggravated battery.

Moore was in handcuffs for his first appearance Monday in a courtroom packed with law enforcement officers and relatives of the victims.

District Judge Richard Walker ordered Moore held without bond pending a May 9 preliminary hearing. The state’s Death Penalty Defense Unit was appointed to represent him.

Kansas’ death penalty law was ruled unconstitutional in December by the Kansas Supreme Court, but that ruling was stayed during the appeal to the U.S. Supreme Court. Moore would only face capital punishment if the U.S. Supreme Court upholds Kansas’ death penalty law.