DAVIS (CBS13) – The teenager accused of stabbing an elderly Davis couple to death inside their home wants the torture charge against him dropped.

The attorney for Daniel Marsh says prosecutors haven’t proven the charge, and says most of the wounds happened after the couple died.

Prosecutors already dropped a heinous and depraved murder charge against Marsh who is being tried for first degree murder of Chip Northup, 87, and his wife, Claudia Maupin, 76, back in April.

Marsh lived in condominium two doors down from the victims. He allegedly stalked them before his attack.

Four years ago, Marsh was honored by the Red Cross for saving his father’s life while his father was having a heart attack.