EXPLAINER: How the Hidalgo County DA decides to pursue the death penalty
The state will seek the death penalty against two suspects charged in a double homicide case in Peñitas, Channel 5 News learned.
Ricardo Gonzalez Jr. and Pedro Ismael Garcia are both charged with capital murder. Investigators say they were responsible for two burned bodies found back in February.
READ MORE: State seeking death penalty for two suspects in Peñitas double homicide
This is one of several death penalty cases the Hidalgo County District Attorney's Office is prosecuting.
Hidalgo County Criminal District Attorney Toribio "Terry" Palacios says a capital murder charge does not automatically mean his office will seek the death penalty. He says the majority of their capital murder cases end with a punishment of life in prison.
Palacios says each case is different. He has a team made up of five prosecutors and others who look at the possibility of suspects appealing a jury's decision.
The team looks at the crime, criminal history, age, and mental capacity of the suspect, Palacios said. They also consider whether the suspect could continue to be a danger to the community.
Palacios says the team also considers what the victims' family wants.
"We do bring in the families, we do speak with them, and we let them know what we're seeking, why we're seeking it, or why we're not seeking it," Palacios said.
Capital murder is the only crime in Texas that carries the death penalty. Palacios said that charge can include multiple murders, killing a police officer or child, or certain murders committed during another crime.
Once the state decides to seek the death penalty, the district attorney's office will still consider a plea deal for life without parole.
The Hidalgo County District Attorney's Office is also deciding on another capital murder case. Gaurav Chopra is charged in the deaths of his mother, father, and grandmother in Alton. The state is scheduled to announce their decision next month.
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