LARAMIE, Wyo. -- Two men accused of killing gay University of Wyoming student Matthew Shepard could receive lethal injections if convicted.
Prosecutor Cal Rerucha served notice Monday that he will seek the death penalty against Aaron McKinney and Russell Henderson, both 21. They are charged with first-degree murder, kidnapping and aggravated robbery.Shepard, 21, allegedly was beaten with the butt of a handgun and robbed of $20 after he was lured from a bar by the two defendants, who targeted Shepard because he was gay, police said.
Shepard was found tied to a log fence outside Laramie. He died on Oct. 12, five days after the attack.
The beating brought condemnation from President Clinton, who renewed a call to expand the federal hate crimes law to include crimes based on a victim's sexual orientation, gender or disability.
Wyoming, nicknamed the Equality State because it was the first to let women vote, serve on juries and hold public office, is one of nine states with no hate-crime law.
Rerucha will have to prove one or more of 12 aggravating circumstances allowed under Wyoming law. The list includes whether the murder was "especially atrocious or cruel," "unnecessarily torturous" and occurred during a robbery, burglary or kidnapping.
Rerucha declined comment about his decision to seek the death penalty, which was filed in court papers Monday afternoon. A brief paragraph in each notice offered no explanation.
Attorneys for McKinney and Henderson could not be reached for comment.
Wyoming's last execution was in 1992. There are two men on the state's death row.
Henderson's trial is to begin March 22 and McKinney's Aug. 9.