Yes, a person who intentionally or knowingly kills more than one individual during a single course of criminal conduct will be charged with capital murder. A person facing capital murder charges may face the death penalty. The State (meaning the local district attorney) will make a decision as to whether prosecutors will seeks the death penalty. If the State seeks the death penalty, and the individual is found guilty, the jury will decide whether or not to impose the death penalty. Only a jury can render a verdict of death.