BEAVER — The extraordinary costs associated with an aggravated murder case and who should pay for it were the focus of a court hearing for a man accused of a murder inside a crowded restaurant.

For a third time, Mark Elden Erickson raised his shackled right hand, took an oath and then told a judge about his finances.

"The court has found you indigent two times before. Is there anything that's changed?" 5th District Judge John Walton asked Tuesday.

"No," Erickson replied.

The judge's decision clears the way for Beaver County prosecutors to ask to dip into a state-operated fund to pay for financially strapped defendants facing capital homicide charges. With investigators and experts needed, such cases don't come cheap.

"From the defense's perspective, somebody's got to pay," said Aric Cramer, who has been hired to represent Erickson.

Erickson, 30, is accused of walking into the Timberline Inn restaurant in December and shooting Timothy McEnaney, 32, who was having dinner with Erickson's ex-wife. Erickson's children were in the car outside the restaurant at the time of the slaying.

Prosecutors have not made a decision on whether to seek the death penalty. Beaver County Attorney Von Christiansen said he will wait until after Erickson's arraignment before deciding.

"It's an important decision," he said.

Meanwhile, Cramer is preparing for a preliminary hearing, where a judge will decide if there's enough evidence to make Erickson stand trial. Cramer sought to hire a private investigator to help prepare a defense. Normally, if a defendant is found indigent, the state picks up the tab. Because Cramer was initially hired by Erickson's parents, it added a wrinkle to the issue of trying to get funding for a potential death penalty defense.

In court, Christiansen said he had spoken with Erickson's mother, who handled her son's financial affairs until the money ran out. No other money has come in to help pay for his defense, both prosecutors and defense counsel noted.

"The family can't be forced to pay any more than they already have," Cramer told the judge. "They can't be put on the hook for the defense."

Beaver County will submit an application to the Utah Division of Finance, which operates the Capital Homicide Indigent Defense Fund. The fund operates as a sort-of "insurance policy" that counties pay into for years. When they face a murder case, they can dip into it to pay for costs associated with a constitutionally obligated defense. About $400,000 is contributed annually by most of the counties, and a board made up of criminal prosecutors, defense attorneys and county commissioners decides how to distribute funds.