Accused Deputy Killer Certainly Meets Death Penalty Criteria, Attorney Says

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Luis Enrique Monroy Brocamontes gripped his cell bars Tuesday as prosecutors announced they will seek the death penalty against him.

Brocamontes, known previously as Marcelo Marquez, is accused of of killing two sheriff’s deputies, injuring a third and shooting and injuring another man during a multi-county rampage on Oct. 24.

Defense attorneys formally asked the prosecution to reconsider, but the chances of that are slim, according to the man who wrote the California death penalty initiative and put it on the ballot in 1978.

"(Brocamontes) meets every single criteria for a special circumstance and execution," former U.S. Attorney Don Heller said. He designed his death penalty initiative with a long list of special circumstances needed to qualify someone for death row.

One of those qualifications is if the murder victim is a peace officer.

"It was an attempt to offer police officers maybe one chance out of a thousand, the opportunity to avoid someone killing them," Heller told FOX40.

The district attorney's office released a statement today, which reads:

"Input from the victim's families was solicited, received, and considered during the decision making process. Both offices independently concluded that the death penalty is the appropriate penalty in this instance."

But Heller says it's a tough situation.

California taxpayers forked over around $4 billion in the last few decades to execute just 13 people.

"It was my hope he would resist," Heller said. "They would just blow him away and save tax payers millions of dollars.

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