State senators are asking Georgia Attorney General Chris Carr to intervene and file an emergency motion seeking the death penalty for Laken Riley's killer, but Carr's office says he has no law to do so. He claims that he has no authority.
Deborah Gonzalez, the district attorney for the Western Judicial District, which includes Athens, previously said in court documents that she would not pursue the death penalty because of “collateral consequences for defendants who are in the country illegally.”
Jose Ibarra, 26, an undocumented immigrant who took the taxpayer-funded flight, was found guilty Wednesday of stalking, raping and killing Riley in February. The nursing student, who was out for an early morning run on the University of Georgia campus, struggled with her attacker for about 18 minutes before dying from blunt force trauma. Prosecutors said Ibarra dragged her off a forest path and smashed her skull in with a rock.
“I formally request Attorney General Chris Carr to file an emergency motion seeking intervention and the death penalty for the murderer of Laken Riley,” state Sen. Colton Moore (R) wrote in the . “District Attorney Deborah Gonzalez called for the death penalty for her.'' By refusing to seek the death penalty, she said extreme political agendas were getting in the way of justice, giving Laken's family, friends, and community the justice they deserve. was completely rejected. ”
“I'm very concerned about whether there are students going to the University of Georgia when this area is now a sanctuary city. And, you know, these murderers, these people can't get in here. And they don't have to go in.' I'm worried about the death penalty,'' Moore told FOX News Digital. “It's probably $2 million that we have to pay as taxpayers to give him three meals a day and a cot for the rest of his life. You know, three hot carpets and a cot.”
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Georgia prosecutors showed an image taken in court during Jose Ybarra's trial of Laken Riley jogging before the murder. (Fox News)
A spokesperson for Mr. Carr's office said the state attorney general lacks jurisdiction and cannot intervene, but Mr. Moore insisted that is not the case.
“I'm sending you a copy of Article III, Section 4 of the Georgia Constitution, which clearly states that the attorney general has jurisdiction in any felony case,” Moore told FOX News Digital. Ta. “And the state, the attorney general's office, has intervened in cases before. You know, he's our state's top law enforcement officer. He's the most liberal district attorney in the nation. I should have known that she was one of the people in this country who had no intention of pursuing the death penalty, so why does the death penalty exist in our state? ”
“What I want to say is clear evidence. We're not killing innocent people here,” Moore said. “So his DNA was under Laken Riley's fingernails. It was very clear that he was the perpetrator. He is guilty. And the death penalty was carried out in our state. And I can't imagine any other crime that deserves the death penalty.'' As with his crimes, he is the chief law enforcement officer and he has jurisdiction. is specified in the constitution. ”
Regarding the section of the Georgia Constitution cited by Moore, Carr's office does not say the attorney general has jurisdiction over any felony cases, but merely represents the state before the Supreme Court in capital cases. He said that.
District Attorney Deborah Gonzalez (Joshua L. Jones/USA TODAY NETWORK/File)
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In a separate statement following the verdict, Carr said Riley's death “never should have happened,” adding, “There is evidence that Laken Riley fought for his life, he fought for his dignity, and the statements made by Riley. It's really heartbreaking to hear that.” My heart breaks for my family and friends in the courtroom. ”
“We are grateful to Sheila Ross of the Prosecuting Attorneys Council for securing a conviction, and we will continue to pray for everyone who knew and loved Laken,” Kerr said in a statement.
Gonzalez lost re-election this month. She turned Ybarra's prosecution over to Sheila Ross in February.
Georgia Attorney General Chris Carr (Megan Varner/Getty Images)
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In response to an inquiry from FOX News Digital about why Gonzalez did not seek the death penalty, the prosecutor's office told FOX News Digital that the reference in court documents to collateral consequences for undocumented defendants was due to “general sentencing.'' Prosecutor Gonzalez's position on the matter.
A spokesperson for Gonzalez said: “As evidenced by the shocking statements made by Laken Riley's family and friends at yesterday's sentencing, life in prison without parole is an appropriately harsh sentence. It was a decision supported by my family,” he added.
