Published: Oct 12, 2008 12:30 AM
Modified: Oct 12, 2008 02:33 AM
Federal authorities are considering charges that could result in a federal death sentence for a man accused of killing UNC student leader Eve Carson.
A committee in the U.S. Justice Department met Sept. 29 to review the case, a spokesman confirmed. However, the spokesman, Erik Ablin, declined to comment further. The committee's recommendation will go to U.S. Attorney General Michael Mukasey.
Demario Atwater, 22, and Laurence Lovette, 17, are accused of shooting Carson on a residential street after a robbery and kidnapping near the campus March 5. Their trials are expected to take place next summer at the earliest.
Orange County District Attorney Jim Woodall has said he will seek the death penalty in state court for Atwater; Lovette is not subject to capital punishment because of his age.
It was not immediately clear what federal charges could be involved, and Ablin declined to explain why the U.S. attorney has jurisdiction in the Carson case, saying, "The internal deliberations on a particular case are confidential."
Nearly 50 federal crimes can trigger a federal capital case. Several could apply in the Carson case: first-degree murder, shooting with a weapon of mass destruction such as a sawed-off shotgun, or murder during a kidnapping, carjacking or other crime of violence.
No Orange County jury has sent a man to death row since 1973. A federal charge could increase the chances of a death sentence for Atwater if he is convicted in a separate trial in federal court.
To seek the death penalty against a defendant in federal court, a local U.S. attorney must submit the case to advance review by the Justice Department. The Review Committee on Capital Cases, which met Monday in the Carson case, considers the request and then makes a recommendation to the attorney general.
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