Federal prosecutors said they will not seek the death penalty for a 22-year-old former nursing student charged in a deadly shooting at a Southern California Shul on the last day of Pesach.
The decision was disclosed Monday in a one-sentence court filing in federal court in San Diego. It comes less than two months after U.S. Attorney General Merrick Garland halted federal executions while the Justice Department conducts a review of its policies and procedures.
In July, John T. Earnest pleaded guilty to murder and other charges in state court. The San Diego County district attorney’s office said at the time that he agreed to serve the rest of his life in state prison without the possibility of parole. Sentencing is scheduled for Sept. 30.
In the federal case, Earnest submitted a conditional plea agreement for consideration by federal prosecutors in June 4, the terms of which have not been disclosed. A hearing in that case is scheduled Sept. 8.
Earnest opened fire with a semi-automatic rifle during the last day of Pesach in April 2019 at Chabad of Poway. The attack killed 60-year-old Lori Gilbert-Kaye and wounded three others, including an 8-year-old girl and the rabbi, who lost a finger.
Earnest then called 911 to say he had shot up a synagogue because Jews were trying to “destroy all white people,” authorities said.
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[WATCH: Wounded Young Girl & Family Describe Surviving Poway Chabad Shooting Attack]
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[FBI Received Tip Before Poway Chabad Shooting; Suspect Charged With Murder]
(AP / YWN World Headquarters – NYC)
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2 Responses
Why is the Federal government prosecuting. He is already serving a life sentence under California law, and would have to finish it before serving a non-concurrent federal sentence. Prosecuting twice for the offense, when the person was convicted and given a life sentence, makes a mockery of the legal system.
Having a federal sentence, even concurrent, would prevent some California parole board from releasing him after a “decent period”, as they’ve just decided to do to Sirhan Sirhan.