Steve Montanez, 50, and Eddie Montanez, 45, both of Riverside County, are charged in the 1986 death of Delores “Dodie” Attig, 37, of Golden Hill. They were arrested in April.

Because they both face a string of special circumstance allegations, including murder during a robbery, prosecutors have the option of seeking the brothers' execution if they are convicted.

Prosecutors have not yet decided whether to seek the death penalty or life in prison without the possibility of parole.

San Diego Superior Court Judge Cynthia Bashant determined Friday that prosecutors had presented sufficient evidence during a two-day hearing for the brothers to stand trial.

Deputy District Attorney Jill Schall said Attig was in a secluded area of Balboa Park off 26th Street with two male friends on June 19, 1986, when the three were attacked. The men – Michael Stanton and Star Lutes – were tied up and robbed; Attig was dragged away, raped and shot in the head.

Stanton, who was 24 years old in 1986, testified that he and his companions drove to the park to drink beer, smoke cigarettes and listen to music. He said he was sitting in the driver's seat of Lutes' Fiat when someone approached from behind.

“Somebody came up behind me, put a gun to my head,” Stanton testified. “At the same time, some other people came up and grabbed Star and Dodie.”

Stanton said he and Lutes were dragged from the car, and he could hear Attig saying, “No, don't.”

Moments later he heard a gunshot.

“I played it over and over again in my head a thousand times,” he said in court. “It's like it happened yesterday.”

Prosecutors said the brothers and two other suspects were arrested as a result of DNA testing conducted last year. One suspect was a state prison inmate who was 17 at the time of the slaying. Now 39, he is expected to be arraigned in Superior Court later this month.

Another suspect, a 37-year-old parolee, was 15 at the time of the slaying. The parolee, who is Steve Montanez's stepson, has since been released from custody.

Schall said she has to work within laws that were in place when the crimes occurred. In 1986, a 15-year-old could not be tried as an adult, therefore he cannot be tried as an adult for the Attig slaying today.

“There was no recourse for us to hold him accountable for this crime,” she said.

 Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com