Police Capt. Vincent Liberto Jr.
Rare death penalty sought for the man accused of killing Mandeville officer Vincent Liberto
By Sara Pagones
Nola.com
St. Tammany Parish prosecutors haven't tried a capital case in 11 years. That could change soon, however, for they now plan to seek the death penalty for the man accused of killing Mandeville Police Capt. Vincent Liberto.
On Monday they informed attorneys for Mark Spicer, 22, who is charged with first-degree murder, attempted first-degree murder and aggravated flight from an officer, as well as other charges, in the Sept. 20, 2019, shooting that killed Liberto and wounded another officer.
The last death penalty case tried in the 22nd Judicial District was in 2009, under District Attorney Warren Montgomery's predecessor, Walter Reed. A jury convicted Jamie Magee of gunning down his estranged wife and his 5-year-old son in Mandeville's Tall Timber's subdivision and sent him to death row.
Spicer is the third current defendant facing possible execution if convicted in St. Tammany. Jason Landry ad Steven Olivieri are charged in a 2018 carjacking that ended in a double murder, crimes for which Assistant District Attorney Collin Sims said prosecutors are "presently in that (death penalty) posture unless we do something different."
Liberto's death, the first for a Mandeville police officer in the line of duty in 50 years, brought an outpouring of grief for the popular 58-year-old veteran officer and father of seven.
Mandeville Officer Ben Cato had been trying to make a traffic stop on Spicer that day when the then 21-year-old suspect fled, according to police. Liberto joined the vehicle chase.
When it ended in a crash on an exit ramp, Spicer left his vehicle and fired into Liberto's unmarked car, according to police reports, fatally wounding him. He's also accused of shooting Cato.
Sims, chief of the criminal division in the District Attorney's Office, said Monday was first opportunity for all those involved in the Spicer case to come together in court since coronavirus restrictions were imposed in the spring.
The first jury trial was held this week in St. Tammany's Justice Center.
"The law requires that a notice be filed, separate and apart from the charges, of the state's intention to seek the death penalty and what grounds support it," Sims said.
Spicer is being defended by the Baton Rouge Capital Conflict Office, and his attorney also enrolled in the case on Monday, Sims said. No one from that office was available for comment Wednesday.
Mandeville Police Chief Gerald Sticker said he was not in court Monday, but he has spoken to Liberto's widow, Tracy Liberto. "The family has been adamant that they are in favor of pursuing the death penalty," Sticker said. "I fully support the family in that decision."
City employees and the Liberto family commemorated the first anniversary of his death Sunday, releasing 200 balloons at the cemetery where he is buried. "It was a time to come together with the family, to let Vince know we haven't forgotten him," Sticker said.
Death penalty cases can take time — years, even — to come to trial, according to several defense attorneys who've handled capital cases. Sticker said the Liberto family has known from the outset that the matter would not be adjudicated quickly.
"It's a marathon, not a sprint," Sticker said. "We're patient. The family and I have full confidence in Mr. Montgomery's office. They've communicated with myself and the family throughout and kept them up to date."
Montgomery, who is running for reelection, declined to comment on the case.
During a recent forum, Montgomery's opponent, Vincent Wynne, told an audience that the north shore needs a strong district attorney who can make tough decisions, including whether to seek the death penalty.
https://www.nola.com/news/courts/art...bef23c555.html
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