Prosecutors are seeking the death penalty for a man accused of brutally attacking an elderly man at Sunrise Mall last December.

39-year old George Viera was in Nueces County Court today listening as the prosecution announced that they were seeking the death penalty.

76-year old Donald Lenertz was brutally attacked in a restroom at Sunrise Mall after what investigators say was a failed robbery attempt.

Viera was captured a short time later with blood stained on his shirt and the alleged weapon in his pocket.

One of Viera's defense attorney says they'll fight the death penalty.

Eric Perkins, Viera's lawyer, says,"It's real important that the preparation be through not just from the idea that your are defending a very serious crime but you have to make sure that you've covered all the legal and ethical bases. All the obligations that we owe to Mr Viera we're gonna make sure we cover those."

Because the state will be seeking the death penalty, the process of selecting a jury will be lengthy. The process will being in mid January next year with the trial expected to start in early March.