Man pleads not guilty of capital murder

MOBILE, Alabama (WALA) - Michael Berry, the man who police say shot his wife, Wendy Stevens, in front of their children, pleaded not guilty to capital murder charges.

Investigators say Stevens and her four children, ranging in ages from 3 to 14, were at the drive-up ATM at the RBC Bank near Cottage Hill and Schillinger in Mobile. Investigators say Berry followed them there, and shot Stevens to death.

Stevens' attorney, Michael Murphy, said the couple had been married for 10 years. But in January 2010, she filed for divorce because she was concerned for her safety. The attorney said in March, Berry started stalking and harassing his wife, and it didn't stop even after a restraining order was put in place.

Murphy added Stevens was trying to work out a cordial divorce on the grounds of incompatibility.

Berry's preliminary hearing is scheduled for June 16 at 9 a.m. Assistant District Attorney Ashely Rich said the DA's office will pursue the death penalty.