Kansas City, Mo. ? Two white Kansas City men accused of killing a man because he was black could face the death penalty if they are convicted, prosecutors said.

Gary Eye, 19, and Steven Sandstrom, 20, are charged with shooting William McCay, 44, while walking to work in March 2005. They are both accused of violating McCay’s right to a “federally protected activity” – walking along a city street.

Prosecutors allege that after McCay was shot and wounded, Eye got out of a stolen car a few blocks away and shot McCay again, killing him.

In documents filed Monday in U.S. District Court, prosecutors said they would seek the death penalty because the alleged premeditation of the shooting. They also argued that both defendants pose a future risk, saying statements they made during and after the shooting showed no remorse.