UPDATE:
The Franklin County District Attorney filed Friday a notice of aggravating circumstances in which he states Kevin Cleeves should get the death penalty.
Below is the press release from the DA, which provides more information as to why he is pushing for the death penalty:
Friday, District Attorney Matt Fogal filed a Notice of Aggravating Circumstances Pursuant To 42 Pa.C.S.A. §9711 and Pa.R.Crim.P. 802, in the case of Commonwealth v. Kevin Cleeves, captioned at 1738-2012.
The Notice of Aggravating Circumstances allows the Commonwealth to later request that the Defendant be sentenced to death as the punishment for this crime.
Section 9711 of the Judiciary and Judicial Procedure Code (Title 42) generally explains the process of the trial and sentencing phases of a death penalty case.
In its Notice, the Commonwealth explains that the aggravating circumstances in this case are as follows:
1. The Defendant committed each killing while in the perpetration of a felony, pursuant to 42 Pa..C.S.A. Section 9711(d)(6). The specific felonies alleged are kidnapping and the other charged murders in this case, which are all additional charges Cleeves faces in this matter.
2. The Defendant, in the commission of the offense, knowingly created a grave risk of death to another person in addition to the victim of each murder (his minor daughter L.C.), pursuant to 42 Pa.C.S. §9711(d)(7).
3. The Defendant has been convicted of another Federal or State offense, committed either before or at the time of the offense at issue, for which a sentence of life imprisonment or death was imposable or the defendant was undergoing a sentence of life imprisonment for any reason at the time of the commission of the offense, pursuant to 42 Pa.C.S. §9711(d)(10).
4. The Defendant has been convicted of another murder committed in any jurisdiction and was committed either before or at the time of the offense at issue, pursuant to 42 Pa.C.S. §9711(d)(11).
The Mandatory Arraignment in this case is currently scheduled for November 28, 2012.
The victim’s family was consulted regarding this decision, and this release of information, and is in agreement.
The factual information described above is contained within a public record, specifically the Criminal Complaint/Affidavit of Probable Cause and Notice of Aggravating Circumstances filed in this matter.
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A Waynesboro man charged with three counts of homicide, kidnapping, and a slew of other related charges waived his preliminary hearing this morning.
Just after 10a.m. Friday morning, Kevin Cleeves, 35, waived his preliminary hearing in front of District Judge Larry Pentz at the Franklin County Jail. His case will head to Franklin County court and he is scheduled to be arraigned at the end of November.
On July 27th, court documents said Cleeves shot and killed his estranged wife, Brandi Cleeves; her boyfriend, Vincent Santucci; and his mother Rosemary Holmes at Santucci's home on Anthony Highway in Quincy Township, Franklin County.
Court documents say Cleeves was drinking shortly before he went to the home to pick up his four-year-old daughter Leia.
The two men apparently argued and that's when Cleeves said he pulled out a gun and shot and killed the three people.
Cleeves took off with his daughter, who witnessed the shootings, prompting Pennsylvania State Police to issue an Amber Alert.
The next morning, they were found in a parking lot at a hotel in Austintown, Ohio and his daughter was unharmed.
Cleeves was arrested in Ohio and waived his right to fight extradition in Ohio courts. He was brought back to the Franklin County Jail days later.
On August 29th, the Franklin County District Attorney's Office filed a motion to prevent Cleeves from seeing or being in contact with the victim's families and daughter.
Cleeves will appear at an arraignment hearing in Franklin County court on November 28th at 1pm.
The Franklin County District Attorney filed Friday a notice of aggravating circumstances in which he states Kevin Cleeves should get the death penalty.
Below is the press release from the DA, which provides more information as to why he is pushing for the death penalty:
Friday, District Attorney Matt Fogal filed a Notice of Aggravating Circumstances Pursuant To 42 Pa.C.S.A. §9711 and Pa.R.Crim.P. 802, in the case of Commonwealth v. Kevin Cleeves, captioned at 1738-2012.
The Notice of Aggravating Circumstances allows the Commonwealth to later request that the Defendant be sentenced to death as the punishment for this crime.
Section 9711 of the Judiciary and Judicial Procedure Code (Title 42) generally explains the process of the trial and sentencing phases of a death penalty case.
In its Notice, the Commonwealth explains that the aggravating circumstances in this case are as follows:
1. The Defendant committed each killing while in the perpetration of a felony, pursuant to 42 Pa..C.S.A. Section 9711(d)(6). The specific felonies alleged are kidnapping and the other charged murders in this case, which are all additional charges Cleeves faces in this matter.
2. The Defendant, in the commission of the offense, knowingly created a grave risk of death to another person in addition to the victim of each murder (his minor daughter L.C.), pursuant to 42 Pa.C.S. §9711(d)(7).
3. The Defendant has been convicted of another Federal or State offense, committed either before or at the time of the offense at issue, for which a sentence of life imprisonment or death was imposable or the defendant was undergoing a sentence of life imprisonment for any reason at the time of the commission of the offense, pursuant to 42 Pa.C.S. §9711(d)(10).
4. The Defendant has been convicted of another murder committed in any jurisdiction and was committed either before or at the time of the offense at issue, pursuant to 42 Pa.C.S. §9711(d)(11).
The Mandatory Arraignment in this case is currently scheduled for November 28, 2012.
The victim’s family was consulted regarding this decision, and this release of information, and is in agreement.
The factual information described above is contained within a public record, specifically the Criminal Complaint/Affidavit of Probable Cause and Notice of Aggravating Circumstances filed in this matter.
___________________________________________
A Waynesboro man charged with three counts of homicide, kidnapping, and a slew of other related charges waived his preliminary hearing this morning.
Just after 10a.m. Friday morning, Kevin Cleeves, 35, waived his preliminary hearing in front of District Judge Larry Pentz at the Franklin County Jail. His case will head to Franklin County court and he is scheduled to be arraigned at the end of November.
On July 27th, court documents said Cleeves shot and killed his estranged wife, Brandi Cleeves; her boyfriend, Vincent Santucci; and his mother Rosemary Holmes at Santucci's home on Anthony Highway in Quincy Township, Franklin County.
Court documents say Cleeves was drinking shortly before he went to the home to pick up his four-year-old daughter Leia.
The two men apparently argued and that's when Cleeves said he pulled out a gun and shot and killed the three people.
Cleeves took off with his daughter, who witnessed the shootings, prompting Pennsylvania State Police to issue an Amber Alert.
The next morning, they were found in a parking lot at a hotel in Austintown, Ohio and his daughter was unharmed.
Cleeves was arrested in Ohio and waived his right to fight extradition in Ohio courts. He was brought back to the Franklin County Jail days later.
On August 29th, the Franklin County District Attorney's Office filed a motion to prevent Cleeves from seeing or being in contact with the victim's families and daughter.
Cleeves will appear at an arraignment hearing in Franklin County court on November 28th at 1pm.