COLORADO SPRINGS, Colo. (KOAA) — The federal government can now pursue the death penalty against the Boulder attack suspect following the death of a victim. The man who lived in El Paso County already faces more than 120 combined state and federal government charges.
"That opens up, essentially, a whole new path of litigation," said Colorado Springs Criminal Defense Attorney Jeremy Loew.
Loew said the federal death penalty can be administered for the following three reasons
- espionage
- treason
- murder
"The prosecution has to prove that a first degree murder was committed, and this was an act of terror," said Loew. "Then if both of those are proven, then they have to prove that the death penalty is justified."
Loew noted charges could have been pursued against the convicted Club Q shooter, however, Colorado's state legislature ended the death penalty practice in 2020.
"With the Biden administration, they put a moratorium on not only seeking the death penalty on cases, but actually putting to death any individuals in federal custody," said Loew.
But with a new Administration in the White House, things may take a different turn.
"I would be really surprised if the Trump administration and the Department of Justice Attorney General Bondi did not seek the death penalty in this case," said Loew.
The criteria that meets a potential death penalty, according to Loew, is twofold, the perpetrator is conducting a potential "act of terror" and someone has to be killed.
An example Loew used was the 1993 Oklahoma City bomber.
"We've had people like Timothy McVeigh put to death," said Loew.
At this time, a death penalty charge has not been issued. It would likely come in the next 60-90 days, according to Loew.
There are three current death row inmates, who are listed below:
- the 2013 Boston Marathon bomber
- the 2015 Emanuel African Methodist Episcopal Church shooter in Charleston
- the 2018 Tree of Life Synagogue shooter in Pittsburgh
With a confirmed loss of life, the Boulder attacker now faces two first degree murder charges in Colorado, one being murder with extreme indifference, and the other charge classified as murder with intent and after deliberation.
A conviction on either of these counts could lead a judge to issue a life sentence without parole.
When asked if the suspect would likely be convicted of first degree murder, Loew said: "In this case, without question. He will be convicted of first degree murder, it's whether or not they also pursued the death penalty and whether or not the federal government tries to put him to death."
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