Petitions were filed Tuesday in Mecklenburg County Superior Court saying the district attorney's office will attempt to persuade a jury to condemn the four to death by lethal injection. Previously, prosecutors had said in court they would seek the death penalty.

Carruth, 25, and three other defendants are charged with murder, conspiracy and intent to kill an unborn child in the slaying of Cherica Adams, 24. She was shot Nov. 16 while driving in south Charlotte. After giving birth to a premature boy, Chancellor, Adams died Dec. 14. DNA tests show the baby, now in his grandmother's care, is Carruth's son.

The petitions mean prosecutors believe there are aggravating factors in Adams' slaying. Prosecutors must have at least one aggravating factor to seek the death penalty. Prosecutors would not disclose what they might be.

Defense lawyer David Rudolf, who represents Carruth, wasn't surprised by the petition.

"It's standard operating procedure in Mecklenburg County for prosecutors who want to seek the death penalty," he said, "and they've previously indicated that's what they want to do."

Carruth is accused of instigating a plot to kill Adams. A lawyer for one of the other defendants has said Carruth didn't want the baby.

The other defendants are William Watkins, 44, Michael Eugene Kennedy, 24, and Stanley Drew Abraham, 19. A court document identified Watkins as the trigger man.

Carruth, drafted by the Carolina Panthers out of Colorado in 1997, was waived by the team and suspended indefinitely by the NFL. He is the first active NFL player to be charged with murder.