Death penalty on the table
Suspect in local baby’s death remains in Fla.
Provisions for the death penalty could be included in charges that are being prepared against a former Marietta man who is fighting extradition from Florida to Washington County in connection with the June 2008 murder of a newborn, prosecutors said Monday.
Under Ohio law, the age of the victim and the belief the murder was committed to cover up another crime makes the case against 25-year-old Landon Curtis Evans eligible as a capital offense.
"The age of the victim alone would qualify the case," Washington County Prosecutor Jim Schneider said. "But also, the age of the victim and the fact this was committed to cover up another crime - that he had sex with a juvenile - also qualifies it."
Although the death penalty is an option, Schneider said he had yet to decide if it will be sought.
Evans, of Eustis, Fla., is accused of murdering and disposing of a baby girl he fathered with an underage Marietta girl.
Police said Evans assisted with the delivery of the child at a Marietta motel in June 2008. Officers said they believe the child was suffocated with a pillow. The baby's body was believed to be burned in the Wayne National Forest.
The baby's mother, who is now 18, is currently in the Washington County Juvenile Center for an unrelated matter and could also face charges related to the murder. She reportedly confessed to the acts while incarcerated, and officers have said she is cooperating with the investigation.
Schneider said it could take up to six weeks before Evans is returned to Ohio to face charges. An application for a governor's warrant was being prepared Monday.
Schneider said he does not expect any snags in the extradition process.
"Even if he was in West Virginia, we would be going through the same process," Schneider said. "Once he is served with the governor's warrant he could choose to waive extradition, or he could file a writ of habeas corpus, and basically argue, 'I'm not the Landon Evans they're looking for.' At which point, we would send down officers to make an ID."
Schneider said the extradition process can slow down cases, but it also provides time to gather more evidence and build a stronger case.
"This all dates back to 1780 when we decided to have one country, but individual states," he said. "And that was done because we didn't want all of the power in one place."
It was announced Jan. 14 that local police departments executed search warrants in connection with the case at a home at 1096 Colegate Drive, the Marietta Best Western, 279 Muskingum Drive, the Wayne National Forest, two storage units in St. Marys, W.Va., and Lake County, Fla.
The Colegate Drive residence was the previous home of Evans and the girl, officials said.
Washington County Sheriff Larry Mincks said officers from his department will return to Florida to transport Evans back to Ohio to face charges when he is cleared by the courts.
"Because we consider him an escape risk and because of the type of case, we won't advertise when we will be going or what we will be driving," he said. "He did try to escape down there and he had to be pursued, so we do consider him a risk and we will use sufficient restraints to ensure his safe return."
http://www.mariettatimes.com/page/content.detail/id/519042.html
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