LAS VEGAS (KTNV) — Channel 13 is getting more context about the death penalty and what it means when capital punishment is on the table for someone accused of a serious crime.
Last week, Channel 13 reported Alejandro Estrada, the suspect charged with murder in the May 12 Smith’s grocery store shooting, could face the death penalty if he’s convicted.
WATCH | Senior Reporter Mary Kielar talked with a former district attorney about the process:
Estrada is accused of shooting and killing his ex, Amanda Frias Rosas, and her new husband, Victor Frias Rosas. Both worked at the grocery store off Maryland Parkway but were at the location shopping on the day of the shooting.
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Death penalty on the table for man accused of killing couple at Smith's store
For more context on the process once prosecutors say they’re considering the death penalty, we went to former Clark County District Attorney David Roger. He served as the county’s top prosecutor for nine years, starting in 2003.
“Seeking the death penalty is a shared responsibility,” he said.
The process of the death penalty review committee kicks off once prosecutors decide to seek it. The current DA, which in this case is Steve Wolfson, has the final say after a group made up of lawyers on the case, appellate lawyers and others make a recommendation on how to move forward.
Timing of the decision depends on how much evidence there is.
Roger sat on many committees in his tenure and said there’s certain criteria a defendant needs to meet.
“There are at least three aggravating circumstances that exist which would allow the prosecution to seek the death penalty,” Roger said about Estrada’s case.
Roger pointed to the public setting of the Smith’s shooting and the potential that more people could’ve been caught in the crossfire and hurt or even killed.
Prosecutors will first try to prove his guilt beyond a reasonable doubt of first-degree murder using information from investigators.
Channel 13 obtained the grand jury testimony transcript filed with the court this week.
In the 175-page document, a homicide detective describes talking to Estrada. He questioned him after the shooting, and said he allegedly told police he planned to kill his ex Amanda in advance after learning he’d have to go to court over child support she wanted him to pay.
“It was at that time that he made the decision that she was going to be a constant nuisance in his life, so he had to kill her," the detective said Estrada told him.
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“The prosecution has to prove a murder case first before the death penalty can even be considered, and the prosecution has to prove premeditation,” Roger explained.
If a jury finds Estrada guilty, they will have to deliberate separately on the death penalty. If they sentence him to death, that decision is reviewed by the Nevada Supreme Court and then a federal judge.
Along the way, Estrada's defense lawyer can appeal the decision, and that could climb all the way up to the United States Supreme Court.
Channel 13 will continue to follow this. Estrada is due back in court at the end of the month.
