HENDERSON (KTNV) — The death penalty is no longer being considered in a Henderson road rage shooting that left an 11-year-old dead, a spokesperson for the Clark County District Attorney's Office confirmed to Channel 13 on Thursday.
Tyler Matthew Johns, 22, faces charges in connection with the deadly encounter on the 215 beltway near Gibson Road on Nov. 14.
Johns has been indicted on three felony charges, including murder with use of a deadly weapon, discharging a firearm at or into an occupied vehicle, and discharging a firearm from or within a vehicle.
PREVIOUS COVERAGE: Alyssa Bethencourt breaks down what factors would qualify the case for the death penalty
According to police statements and court records, Johns and another driver, Valente Ayala, were jockeying for position in traffic on the 215 beltway before Johns took out a gun and fired at Ayala's car. Ayala's 11-year-old stepson, Brandon Dominguez-Chavarria, was shot and killed.
As Channel 13 reported, a deputy district attorney previously confirmed the case had been forwarded to a death penalty review committee, which evaluates whether a homicide case qualifies for capital punishment under Nevada law.
The review committee makes a recommendation to prosecutors based on the facts of the case and whether certain aggravating circumstances are present, including things like the victim's age, whether the crime endangered other people, or if the suspect planned to attack the victim.
"If a jury finds the defendant guilty of something less than first-degree murder, then the death penalty is off the table," former Clark County District Attorney David Roger told Channel 13 in a previous interview.
WATCH: Body camera footage shows Johns being arrested after the fatal shooting
Although Nevada law permits capital punishment, the state has not carried out a death penalty execution since 2006.
In an emailed statement to Channel 13, a spokesperson for the DA's office did not specify why the death penalty is no longer being considered in Johns's case.
He's next scheduled to appear in court at 9:30 a.m. on Tuesday, Jan. 13.
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