Prosecutor Cal Rerucha will seek the death penalty against two men accused in the fatal beating of an openly gay University of Wyoming student.
Aaron James McKinney and Russell Arthur Henderson, both 21 and Laramie residents, are accused of first-degree murder, aggravated robbery and kidnapping with the intent to inflict bodily injury or to terrorize the victim.
Rerucha declines comment. His intention to seek the death penalty was filed in court papers late Monday afternoon. The short notices in each case gave no explanation why he chose to seek the death penalty.
Attorneys for McKinney and Henderson could not be reached for comment.
Testimony at a November hearing indicated Matthew Shepard may have been targeted in part because he was gay. The murder brought condemnation from President Clinton, who renewed a call for expansion of the federal hate crimes law to include crimes based on a victim's sexual orientation, gender or disability.
Wyoming, whose state motto is the Equality State, is one of nine states without a hate-crime law.
Henderson and McKinney are accused of pretending to be gay and luring Shepard, 21, out of a downtown Laramie bar. The two high school dropouts are suspected of robbing and pistol-whipping the 105-pound freshman, tying him to a long fence east of town then beating him in unconsciousness.
Shepard died in a Fort Collins hospital Oct. 12, five days after the attack. He suffered 18 blows to the head and other injuries.
Rerucha had to consider whether any of several aggravating circumstances listed in Wyoming statutes existed, factors a jury must consider during the sentencing phase. Circumstances listed in the statutes include whether the murder was "especially atrocious or cruel, being unnecessarily tortuous to the victim", and whether the victim was killed with premeditation during commitment of a robbery, burglery, or kidnapping.
Under Wyoming court rules, prosecutors must give defense lawyers advance notice whether they plan to seek the death penalty.
"We have to tell the defense what the aggravating factors are that we will submit to the jury as proof," said Jon Forwood, Laramie District Attorney.
Juries must also weigh any mitigating circumstances offered by the defense such as a defendant's criminal history, age and mental state at the time of the crime. Even if the prosecution proves that more aggravating than mitigating circumstances are present in a case, the jury does not have to hand down a death penalty.
"They can give each one the weight they think each deserves," said Forwood, who is not involved in the Shepard case.
Two men currently reside on Wyoming's death row - Marty Olsen and James Harlow. Henderson's trial is to begin March 22. McKinney's trial will begin August 9. Henderson's girlfriend, Chastity Vera Pasley, 20, pleaded guilty to accessory after the fact to first-degree accessory Wednesday and will be sentenced in about two months.
McKinney's girlfriend, Kristen LeAnn Price, 19, pleaded innocent to an accessory charge and is scheduled to go on trial May 24. The two women allegedly helped Henderson and McKinney dispose of clothing spattered by Shepard's blood.
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