WOODLAND, Calif. -- The death penalty will be sought against a man accused of killing a Yolo County sheriff's deputy, the district attorney said.

Marco Topete is charged with shooting to death Deputy Antonio "Tony" Diaz during a June traffic stop outside of Dunnigan.

District Attorney Jeff Reisig released the notice of intention on Wednesday.

Diaz, 37, died June 15 at Woodland Memorial Hospital after he was shot while pursuing a vehicle on County Road 99W and County Road 6 in Dunnigan.

Records show that Topete has a history of assault, prison time and gang ties.

The public was locked out of Topete's first hearing in front of a judge. Only law enforcement and the victim's family were allowed into the arraignment. A report done by officials with the Yolo County Superior Court concluded that the Yolo County Sheriff's Department was wrong when they locked the public out of the arraignment.

Sheriff's security personnel told investigators that they intended to open the door at the routine time, but "just got caught up in the confusion" and "just plain forgot."

Topete was earlier assigned a new defense team after Barry Melton, Yolo County's public defender, requested to be taken off the case.

Topete's two attorneys are from Woodland and Sacramento.