IN THE CIRCUIT COURT OF HENRY COUNTY. MISSOURI CIRCUIT DIVISION STATE OF MISSOURI
Ian James Mccarthy
Defendant STATE’S NOTICE OF INTENT TO SEEK THE DEATH PENALTY COMES NOW the State of Missouri by Richard Shields, Prosecuting Attorney for the County of Henry, and hereby gives notice to Defendant, pursuant to Section 565.005.1, RSMo, that the State intends to seek the death penalty in this case.
The State announces that it intends to prove the following statutory aggravating circumstance or circumstances :
The State announces that it intends to prove the following statutory aggravating circumstance or circumstances :
l. The murder in the first degree was committed by a person who has one or more serious assaultive convictions, specifically, that on or about July 27, 1998, the defendant pled guilty to the class A felony of Robbery brandishing a knife and threatening a woman during the course of a theft, in the Circuit Court of Hillsborough County, State of New Hampshire, in docket number 98-3-1777 –
2. The murder in the first degree was committed by a person who has one or more serious assaultive convictions, specifically, that on or about May 3, 2002, the defendant was convicted by jury of the class A felony of First Degree Assault by knowingly causing bodily injury to another person by means of a deadly weapon, in the Circuit Court of Hillsborough County, State of New Hampshire, in docket number 0l-S-1772. Section 565.032.2(l).
3. The murder in the first degree was committed against a peace officer during or because of the exercise of his official duty. Section 565.032.2(5).
4. The murder in the first degree was outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind as Defendant’s selection of Gary Michael to kill was random and without regard to the victim’s identity and that Defendant’s killing of Gary Michael thereby exhibited a callous disregard for the sanctity of all human life. Section s6s.032.2(7).
5. The murder in the first degree was committed against a peace officer while engaged in the performance of his official duty. Section 565.032.2(8).
Richard M Shields
Prosecuting Attorney
Henry County, Missouri
