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Anthony Garcia's death penalty hearing delayed, family members of victims upset

Anthony Garcia appears for a death penalty hearing on March 30, 2017.

Anthony Garcia was convicted of murdering four people.

However, his day in court to find out if he gets the death penalty is being put off and it’s thanks to his lawyers.

Jeff Sherman said, "This needs to be done. It's been 10 years. I mean, my mom deserves this and that's all I've got to say."

Sherman is talking about his mom, Shirlee Sherman. Garcia was convicted of her 2008 murder.

Shirlee Sherman’s brother, Dan Waite, said, "We were hoping they'd say we'll go forward and sentence."

That’s what Waite wanted on Thursday, but Garcia's death penalty hearing was pushed back.

Douglas County Attorney Don Kleine says it started with an email he got Wednesday night. He says Garcia's lawyers told him they weren't prepared and didn't want to move forward with Thursday's hearing.

Kleine said, "They've had this for five months. They blame the court for not being prepared because they say they didn't have enough money. I don't agree with that."

Garcia's lawyers continue to argue that he could be mentally ill even though doctors say he's fit for sentencing.

One of Garcia’s lawyers, Bob Motta, said, "This isn't about we're not ready. This is about doing your job to save a human being's life. If the state's going to take somebody's life, then we've got to look at every angle and that's all there is to it."

Judge Gary Randall decided to appoint public defenders to help Garcia's lawyers finish the case. That means new lawyers will have to get up to speed. Kleine says he doesn't know how long this will take.

Waite said, "It's going on 10 years. The frustration level is high...I think the death penalty's appropriate. I mean, you're killing children, you're killing innocent people, you're going into their homes."

Garcia is also guilty of murdering three other people: 11-year-old Thomas hunter in 2008 and Dr. Roger Brumback and his wife, Mary, in 2013.

All of these murders are linked to Creighton Medical Center where Garcia was fired from a residency program.

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