Information On Death Penalty Eligibility for Homicide Charged in 27 Defendant Indictment Case

On April 16 & 17, 2014, some local media inaccurately reported on one of the penalties associated with a grand jury indictment. This corrects that media misstatement.

On April 1, 2014, a federal grand jury returned a 25-count indictment against 27 defendants on drug trafficking and money laundering offenses.  Count Five of the indictment alleges that co-defendants Kevin R. Arms, John Bailey and Phillip Moffet used a firearm in furtherance of a drug trafficking offense.  That count also alleges that their use of the firearm caused the death of another person.  This alleged offense is death penalty eligible.  Information about how the U.S. Department of Justice reviews death penalty eligible cases prior to making a determination on whether the death penalty will actually be sought by federal prosecutors, is availalble at the following links:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/10mcrm.htm

http://www.justice.gov/criminal/about/ccs.html

To see the original press release:  http://www.justice.gov/usao/wie/news/2014/pr20140416_Twenty-Seven_Indicted.html

Assitant Chief of Police Kurt Liebold, MPD; James Santelle, USA, and Jim Bohn, DEA