The man accused of raping and murdering 19-year-old Brianna Denison may be forced to pay with his life. Thursday, Washoe County District Attorney Dick Gammick announced his plan to seek the death penalty in the murder trial of 27-year-old James Michael Biela.
Gammick says considering the violent crimes that took place early last year, as well as the facts in the case, death is a worthy punishment for James Biela. But ultimately, it will be up to a jury to decide.
The prosecution team will first have to prove to a jury that Biela is guilty of first-degree murder, and then that his crime was violent enough and serious to deserve a death sentence. Gammick says he expects a tough fight ahead.
"We always expect opposition from groups dedicated to being anti-death penalty. So we expect to go through some stuff here, but that is the nature of the beast. We can't make decisions based on what we'll face down the road, but what we think is right," said Gammick.
If convicted, Biela could face death or a lighter punishment of life in prison with or without the possibility of parole. Defense attorneys will be able to present the jury with reasons to lighten the sentence.
Gammick says even if Biela pleads guilty down the road, there will be no bargaining. He says trying a death case is a challenge, but it's a decision he didn't take lightly.
"I've done somewhere between nine and ten death cases and four or five of those have been put to death. Some of those has died of old age. Doesn't say much for our system," said Gammick.
Reno Police Detectives who gave their input on the death case, say the DA's decision may serve an even bigger community purpose.
"Death penalty is there, in my mind, as a deterrent to killing, especially the way in which the killing was done in this case," said Lt. Bob McDonald with Reno PD.
Brianna Denison's family mambers say they are in support of the DA's decision and that they trust that the prosecutors will make sure Biela ends up with a punishment he deserves. A call to defense attorney Richard Davies was not returned.The trial is set for February of next year.
The defense has said it plans to work for a change of venue--to move the trial to another county. Although the district attorney says he will be able to find twelve fair and impartial jurors right here at home. The most recent change of venue was for the trial of local businessman, Darren Mack.