The attorney for a Floyd County man accused of murder has asked that a Floyd County Judge recuse herself from hearing the death-penalty case without citing any specific reason.

The attorney for Theron Plummer, Gladys Haynes Pollard, motioned to have Floyd County Superior Court Judge Tami Colston recuse herself from the case or certify the issue for immediate review to the Georgia Supreme Court in the event the motion is denied without a hearing.

Plummer is accused of shooting and killing Kimberly Ware in Floyd County in front of their two children on May 25, 2008.

He fled and was eventually arrested in Anniston, Ala., three days later and returned to Floyd County where he is in jail without bail.