Attorneys: Federal Government Decides on Death Penalty for Dylann Roof

Photo courtesy of WCIV

CHARLESTON, S.C. (WCIV) — The wait to know whether federal prosecutors will seek the death penalty in the Dylann Roof murder trial will go on for at least another couple months, it appears after Tuesday morning’s bar meeting.

U.S. Attorneys told Judge Richard Gergel that they had not yet filed the formal paperwork to the federal capital case committee to seek the death penalty against Roof, but anticipated that would happen “shortly.”

Attorney Nathan Williams said they were “much closer to having definitive guidance.”

Roof, 21, is charged with killing nine church members of Emanuel AME on June 17 after spending an hour in a Bible study with the victims.

The federal government’s decision to go after the death penalty is done by committee. Attorneys file a request and the committee considers that request before passing their recommendation on to the Attorney General who personally signs off on it.

That process could take upwards of 90 days — or more.

Gergel told Williams to pass along to his Washington counterparts that he would prefer a decision sooner than later.

Defense attorney David Bruck said he was waiting on the government’s decision before proceeding, adding “this could be concluded very, very quickly.”

Gergel also referenced a letter from Ninth Circuit Solicitor Scarlett Wilson, who asked that the state case precede the federal case against Roof.

Williams said, given the wait on the capital case committee, he didn’t see any way the federal case would move ahead of the state’s case.

The state case is tentatively set to begin in July.

Still, he said the government would not interfere with Roof’s right for a speedy trial.

Both sides and the judge agreed to a continuance.