ARAPAHOE COUNTY — A murder suspect accused of killing a witness will be tried for the death penalty, an Arapahoe County judge ruled this morning.

Robert Ray, 21, is charged with the murder of Javad Marshall-Fields and his fiancé Vivian Wolfe. The couple was gunned down June 20, 2005, a week before Marshall-Fields was scheduled to testify in the murder of 20-year-old Gregory Vann.

Ray has been convicted of accessory to murder in the Vann case.

Ray’s attorneys fought against the death penalty because they argued prosecutors had not filed the proper documents in time.

Prosecutors had initially named the wrong man in the notice to seek the death penalty. Sir Mario Owens was listed in the notice. Owens, 22, was convicted of first-degree murder in the death of Vann.

Prosecutors entered a corrected notice naming Ray on Feb. 8. State law requires notification within 60 days of arraignment.

The judge ruled the Arapahoe County District Attorney’s office gave Ray sufficient notice of the death penalty.