EL DORADO ? The attorney for a man accused of killing a southeast Kansas sheriff said Monday that his client will use a “voluntary intoxication” defense at his trial.

Scott Cheever is charged with capital murder in the January 2005 shooting death of Greenwood County Sheriff Matt Samuels. Authorities say the sheriff was gunned down while trying to serve warrants on Cheever at a rural home with a working meth lab.

Prosecutors plan to seek the death penalty at Cheever’s trial, which is set to begin Oct. 9.

During Monday’s hearing to discuss pretrial motions, defense attorney Tim Frieden noted intoxication affects premeditation, and asked Butler County District Judge Mike Ward to bar the death penalty. Ward did not rule from the bench on the request.