John Albert Gardner III pleaded not guilty Wednesday to the murder of Poway teen Chelsea King.

There were two charges filed against Gardner during his arraignment.

The first, according to Deputy District Attorney Kristen Spieler, is murder with a special circumstance allegation of murder during the commission of a rape or attempted rape of Chelsea King.

The 17-year-old disappeared from Rancho Bernardo Community Park on Feb. 25. On Tuesday, a body authorities believe to be King’s was discovered in a shallow grave about 10 feet from the shoreline near a Lake Hodges tributary. A positive identification and autopsy are pending.

The second charge is assault with intent to commit rape of a female jogger attacked on Dec. 27, 2009 in Rancho Bernardo Community Park.

According to Spieler, the special circumstance allegation with the murder charge “does make the defendant eligible for the death penalty.”

Whether District Attorney Bonnie Dumanis chooses to make this a death penalty case remains to be seen. Dumanis said her decision will be made in consultation with a team of attorneys who will consider the evidence and other factors, including the King family’s wishes.

Spieler said the decision is typically made after a preliminary hearing and before a trial.

“It is a very somber decision,” Dumanis said, adding “I ask you to be patient. (We’re) taking this one step at a time.”

Spieler said if the death penalty is not pursued and if Gardner is convicted on the first-degree murder charge, he could receive 25 years to life in prison.

She also said additional charges could be filed against Gardner as the investigation progresses.

Many suspect he could have a connection with then-14-year-old Amber Dubois, who disappeared on her walk to Escondido High School on Feb. 13, 2009.

Gardner is a 30-year-old registered sex offender who served five years in prison for a 2000 attack he committed against a 13-year-old Rancho Bernardo girl. Due to a plea deal, he was given a six-year sentence, served five years followed by three years of probation, ending in 2008.

While his registered address is listed as Lake Elsinore, he reportedly was staying at his mother’s townhome in Rancho Bernardo — the site of his crime in March 2000.

Early Wednesday morning, that home on Matinal Road was vandalized with the message “Chelseas (sic) blood is on you. Move out.” painted on the garage door. The message was soon painted over.

In a press conference following Gardner’s arraignment, Dumanis said King’s murder has “rocked San Diego. It has rocked all of us.”

She added, “We have to wrap our arms around this family.”

Dumanis and Spieler both said they believe Gardner can receive a “fair trial” in San Diego and they have no intention of trying the case in the media.

Spieler said she did not have to present the evidence justifying the charges during the arraignment because Gardner’s defense attorney did not argue for bail.