SIOUX FALLS, S.D. (KELO) -- One of the two men accused in a deadly shooting at Dunham Park over the summer appeared in court Monday morning. Sioux Falls police investigate weekend homicide Walter Stewart pleaded not guilty to first-degree murder, attempted murder and 2 counts of aggravated assault. In court Monday, the state said it will not be pursuing the death penalty in this case. A jury trial has been set for the week of February 24th. The second man accused in the case, Lamount Burks Jr, is behind bars in Anderson County, South Carolina. He was arrested last week when a license plate reader caught his car and alerted authorities that he was wanted in South Dakota. Back on August 25th, four people were shot and 29-year-old Josh Allen Jr. was killed.