Death Penalty Cases: A rural prosecutor's unique dilemma
Editor's Note: This year marks the 10th anniversary of a random killing that stunned a community: a farming family in the Texas Panhandle, murdered as they slept. In 2005, an intruder shot and killed a pregnant mother, her husband, her 14 year old son, and their dog. He also shot at, but failed to kill, the youngest member of the family, 10-year-old Robin Doan.
The killer, Levi King, pleaded guilty to the murders. The Gray County District Attorney at the time, Lynn Switzer, recalls the difficult decision of whether to seek the death penalty for the killing of Robin Doan's family.
GRAY COUNTY, Texas -- I carefully put my pen down on my desk next to the document I had been considering over the past several months and turn wearily towards the windows of my office. I leaned back in my chair as I look out onto the panoramic view from my fourth floor office, reflecting back over the steps I took to reach this point.
WATCH: 48 Hours: Sole Survivor
It was late, and the sun was slipping slowly below the horizon, leaving behind blazing streaks of red and orange hues. The time had come to make a final decision as to whether I seek the death penalty on my case.
I know every prosecutor has the same initial questions- does the case come within the guidelines of the statute? Do I have enough evidence to prove the case beyond a reasonable doubt? But there are some considerations that are unique to small prosecutors' offices.
In a small community where everyone knows everyone the position of the family is critical. It was important for me to consider the position of the surviving victim and family members. I knew we would be working closely with them and I needed their support no matter what I decided to do.
The consideration of available financial resources probably has more impact on a small prosecutor's office than those of the larger urban offices. I had asset forfeiture funds to cover the prosecution costs, but not all small offices have those funds available. The State of Texas has a grant available to rural offices to help with the costs.
More significant in the decision making process, though, is the local county budget. I had to consider what kind of impact a lengthy capital murder trial would have on the county and the taxpayers of my small community.
I only had two Assistant District Attorneys and a support staff of five. The chances of the case being transferred to another county were extremely high; this would mean being out of town for long periods of time. I had to look at whether my small office would be able to prosecute this case and still take care of the everyday activities of a prosecutor's office responsible for five counties.
As I turned back to my desk I picked up my pen. Taking a deep breath, I signed the document laying in front of me. I gathered my purse and briefcase and walked out of my office, turning off the light as I left. I knew that the days ahead would be challenging. Tomorrow I would file my notice of intent to seek the death penalty on the case.
"48 Hours" investigated the killing of Robin Doan's family during the episode "Sole Survivor." Watch the full episode online.